Ordinance #93 – Amends Ordinance #50
ORDINANCE NO. 93
AN ORDINANCE OF THE CITY OF GEORGETOWN, IDAHO, AMENDING ORDINANCE NO. 50 REGULATING THE PARKING OF MOTOR VEHICLES UPON CITY STREETS AND THE MANNER IN WHICH THEY CAN BE PARKED; AND PROHIBITING OBSTRUCTION OF ANY ROAD OR RIGHT-OF-WAY, OR PLACING ANY STRUCTURE, OBSTRUCTION OR MATERIAL WITHIN THE CITY RIGHT-OF-WAY; PROVIDING FOR A PENALTY FOR VIOLATION OF THIS ORDINANCE: AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE, AND DISPENSING WITH THE THREE READING REQUIRMENT.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GEORGETOWN, STATE OF IDAHO, THAT ORDINANCE NO. 50 IS HEREBY AMENDED AS FOLLOWS:
Section 1. All motor vehicles shall be parked on city streets, to facilitate snow removal and/or regular City maintenance all year long, 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. Further, no person shall obstruct or cause to obstruct any City roadway or right-of-way. Also, no person shall place any structure, obstruction, or material within the City’s right-of-way for a period exceeding seventy-two (72) hours. Existing structures such as fences already located within the right-of-way as of the date of passage of this ordinance shall be permitted.
Section 2. 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 3. 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 designee 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 4. 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 5. Any person, firm, or corporation violating any provision of this ordinance shall be guilty of an infraction, and shall be punished by a fine not to exceed $300.00.
Section 6. This ordinance shall be in full force and effect from and after its passage, approval, and publication according to law.
Section 7. One half (1/2) plus one (1) of the members of the full council determine to dispose with the rule requiring three readings of the ordinance.
PASSED AND APPROVED by the Mayor and City Council of the City of Georgetown, Bear Lake County, Idaho, this __2nd __ day of October, 2018.
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Stephan R. Waechtler, Mayor
ATTEST:
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Lynette Smith, City Clerk