Ordinance #50: Parking and Snow Removal

ORDINANCE NO. 50

AN ORDINANCE OF THE CITY OF GEORGETOWN, IDAHO, REGULALTING THE PARKING OF MOTOR VEHICLES UPON CITY STREETS AND THE MANNER IN WHICH THEY CAN BE PARKED DURING CERTAIN MONTHS OF THE YEAR IN ORDER TO FACILITATE SNOW REMOVAL: PRESCRIBING THE TIME PERIOD IN WHICH MOTOR VEHICLES MAY BE PARKED UPON CITY STREETS AND RIGHT OF WAYS: PROVIDING FOR THE IMPOUNDMENT OF MOTOR VEHICLES PARKED IN VIOLATION OF THIS ORDINANCE: PROVIDING FOR A PRESUMPTION THAT THE OWNER OF A MOTOR VEHICLE IS THE PERSON WHO PARKED SAID VEHICLE IN VIOLATION OF THE ORDINANCE: PROVIDING FOR A DEFINITION OF MOTOR VEHICLES: AND PROVING FOR A PENALTY FOR VIOLATION OF THIS ORDINANCE: AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GEORGETOWN, STATE OF IDAHO, AS FOLLOWS:

Section 1. In order to facilitate snow removal, no person shall park, nor owner permit to be parked, any motor vehicle on any street or right, of way within the City of Georgetown, Idaho, from November 15 of any year to March 31 of the following year, except as permitted by this ordinance.

Section 2. All motor vehicles shall be parked on city streets during the time set forth in Section 1 of this ordinance, at a minimum distance of eight(8) feet from the oiled or paved surface of the street and at the furthest point from that portion of the street upon which motor vehicles travel, that point being closest to the street right of way line adjacent to adjoining private property.

Section 3. For purposes of this ordinance, “motor vehicle” shall mean every vehicle intended primarily for use and operation on the public highways which is self propelled; and every vehicle which is not driven or propelled by its own power, but which is designed either to be attached to and become a part of, or to be drawn by a self-propelled vehicle, including, but not limited to, automobiles, motorcycles, trucks, tractors, farm machinery, and wagons.

Section 4. No person driving a motor vehicle or owner of said motor vehicle shall allow a motor vehicle to remain parked on any city street or right of way for a period longer that seventy-two (72) hours.

Section 5. Any vehicle parked on any city street or right of way in violation of any provisions of this ordinance may be impounded by the Mayor of the City of Georgetown, Idaho, or his designee, and the Mayor or his degnee shall cause the same to be removed and stored. No person shall recover any vehicle removed pursuant to this section without first paying the cost of removal and the cost of storage to the clerk of the City of Georgetown, Idaho. Any payments required by this section shall not be construed as a penalty so as to preclude prosecution for violation of any of the provisions of this ordinance.

Section 6. In any prosecution with regard to a vehicle parked or left in a place or in a condition in violation of any provision of this ordinance, proof that the particular vehicle described in the complaint was parked or left in violation of a provision of this ordinance, together with proof that the defendant named in the complaint was at the time the registered owner of such vehicle, shall constitute prima facie evidence that the defendant was the person who parked or left the vehicle in violation of this ordinance.

Section 7. Any person, firm, or corporation violating any provision of this ordinance shall be guilty of a misdemeanor, and shall be punished by confinement in the county jail for a period not exceed six(6) months, or by a fine not to exceed $300.00, or by both such fine and imprisonment.

Section 8. This ordinance shall be in full force and effect from and after its passage, approval, and publication according to law.

PASSED AND APPROVED this 2nd day of December 1982.

CITY OF GEORGETOWN, IDAHO
by (s) Leland M. Hayes
Mayor

Attest:
(s) Aleen L. Miller
City Clerk