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HomeMy WebLinkAboutORDINANCE NO. 355 REGULATING USE OF STREETS & HIGHWAYS - SIGNED - - ~-- ---- - - - - - - - -} ---., ... "'............. "'-' ........ & ~._, .. 11 "-"" .6. ... "-" ~.& b, &. ~ """'" &. &. '-' ORDINANCE NO. 355 AN ORDINANCE REGULATING THE USE OF PUBLIC STREETS AND HIGHWAYS, AND THE TRAFFIC THEREON, AND FROHIBITING THE PARKING OF MOTOR TRUCKS OF OVER ONE'~- HALF TON '."lITH IN ANY 45 degree PARKING LINES OR MARKINGS, ADJACENT TO ANY SUCH PARKING METERS WITHIN THE CITY OF REXBURG; PRESCRIBING REGULATIONS R:-':Lt\TIVE TO THE PARKING OF VEHICLES UPON PUBLIC STFeETS WTI'HIN THE CITY OF REXBURG, AND PROVIDING FOR ';'HE INSTALLMENT, REG~;LATION, CONTROL, AND THE USE OF PARKING METERS; PROVIDING FOR THE ESTABLISHMENT OF PARKING METER ZONES UPON THE PUBIIc--STREETS AND HIGlflNAYS WITH IN THE CITY OF REXBURG, AND PRESCRIBING THE RIGHTS OF THE O'NNERS OR OPERATORS OF MOTOR VEHICL~r,;S IN CONNECTION WITH THE PA=tKH!G OF MOTOR V":HICLES WITHIN SAID ;:ONES; PR.~SCiiJ;BING THE LIMITS OF TIME FOR PARKING MOTOR VEHICLESAND THE DEPOSIT OF COINS WITHIN THE PARKING METERS; PROVIDING FOn THE ENFOR'~El.mNT AND FUn THE PENALTIES FOR THE VIOLATION HEREOF: BE IT ORDAINED BY THE ILAYOR AND 'CITY COUNCIL OF THE CITY OF m"XBURG, IDAHO; Section 1. For the purpose of this ordinance, (a) The word "vehicle" Shall mean any device in, upon, or by which, any person or prop- erty is or may be transported on a public street or highway; where the context permits, the term "vehicle" shall include horses and all horse drawn vehicles. (b) The word"street" shall mean any public street , avenue or road, boulevard, highway or other public place located in the City of Rexburg and established for the use of vehicles; (c) corporation. The word IIperson" shall mean and include any individual, firm, co-partnership, or , CD) The word "operator" shall mean and shall include every personwho shall operatea vehivle upon any street in the City of Rexburg. Ce) the word "park" or "parking" shall mean the leaving or standing of a vehicle whether occupied or empty, except for the temporary purpose of; and while actually engaged in, unload or load ing passengers, upon a street in the City of Rexburg; (f) The words, "loading space", shall mean a space or section of a street which has been set aside for the exclusive purpose of loading and unloading persons, supplies and merchandise. (g) Parking meters" or I1Metersll shall mean a mechanical device which is so adjusted as to show the length of time of parking upon the streets of the City of Rexburg. (h) I1Parking meter zone't means any and <'311 zones, areas or streets established or desig nated by the Chi~f of eolice, with the consent of the council, as those zones, areas, or streets, or parts of streets, within or upon which the parking of vehicles shall be controlled, regulatedr and inspected with the aid of timing devices and meters herein referred to as parking meters or meters. '1.,"',1 .. \ Section 2. For the purpose of regulating of traffic upon the publi-e streets of the City of Rexburg, there is hereby crea~ed and established, within the corporate limits of the City of Rexburg, an area designated as the par~ing meter zone. The Cheif of Police is hereby autherized and directed tQ . designate~immediately, and from time to time hereafter as is deemed proper and necessary for the control of traffic, such streets and parts of streets, and loading spaces, to be included within said parking meteT, zone, and he shall cause parking meters to be placed, maintained, and operated within such zone, except at loading s~ces, in the manner hereafter in this ordinance provided; provided, how- ever, that the. area, streets, parts of streets, and loading sp2ces, to be included within such zone, must flrst be approved by the Gity Council of the City of Rexburg bya motion duly p~ssed. A loading space may be occupied by a vehicle while actually engaged in loading and unloading persons, supplies or merchandise, for a period mot to exceed twenty minutes during anyone period of time during meter operating hours. . : <'Section 3. The Chief of Police is here by authorized and directed to provide for the in- stallation, regulation, control, supervision, operation, and use of parking meters within such park ing meter zone. He shall keep the city clerk constantly advised of the number of meters installed. Such parking meters shall be placed on the curb or sidewalk immediately adjacentto the parking spaces hereinafter described. Each parking meter shall be placed or set in such manner as to show or display by a signal,that the parking space adjacent to such meter is or is not legally in use. Each parking meter shall be so equipped, designed, and constructedthat, upon the deposit of a (If) ane cent coin, said meter shallvisibaly indicate that the vehicle may occupy the space adjacent to the said parking meter for a period of twelve minutes after the deposit of said one cent coin; and that, upon the deposit therein of a five cent coin, the said meter shall visably indicate that a vehicle may occupy the space adjacent to said meter for a period of sixty minutes, after deposit of said five cent coin; and that , upon the deposit therein of a ten cent coin, the said meter shall visably indicate that the vehicle may occupy the spave adjacent to said meter for a period of one hu6dred twenty ~\l.tesJ;.afterid.posit Ii said ten cent coin. Uron the expiration of such respective periods of time a";to:toiW;rs~,gn or si hall becone visable, which shall indicate that the parking time for such sp~ has expired. . Section 4. The Chief of Police is hereby instructed to have lines or markings painted or placed upon the curb, and or upon the street, adjacent to each parking meter, for the purpose of designating the parking space for which said meter is to be used, andeach vehicleparkmd along side of or next to any par,king meter shall park within the lines or markings 30 established. It shall be unlawful and a vitlation of this ordinance to park the vehicle across any such line or markings, or to park said vehivle in such position trat the same shall not be entirely within the earea so desig- nated by such lines or markings Any vehicle parted in such parking spaces shall be carked parallel or diagonal to the cure in accordance with the lines or markings so established, and shall be so parked that the foremost pant of such vehicle sha+l be nearest to the parking meter. Section 5. Any person or operator who shall park a vehicle during operating hours in any such spacefor which a parking meter is located, shall deposite either a one cent coin or a five cent coin or a ten cent coin irt such parking meter, and it shall be unlawful for any person to cause, permit, allow, or su~fer any vehicle to be parked. during operating hours, in any such space while the colored signal or sign of parking meter is visable. .....:.--..- ,--''''''~-.. 1 I I: I: I I: I: , j I: I: I: Ii I -) ) '1 '\ ....t --.... - '>... - - - - -, ---.1 ... ,_..,...OJ _I. b, .l ''''''L'-.lJUl 5, IUUIIV QEO.D.IS"ltNAaD 5TA.C:0.. IT.LOUI, Provided, that upon an ap::lication being made under oath to the Chief of Police, by any person engaged in the business of the delivery, drayage, and or transportation of goods and merchandise, and upon the payment of' the sum ofn.OO per month for each such service or delivery veh5cle, the Chief of Police may issue a service or delivery permit and identification c:ard for such vehicle, which permit shall entitle such vehicle to park within a metered: space for a period not to exceed twenty minuees at anyone time, and while actually engaged in loading goods or merchandise, without the depositor the coins as otherwise in this ordinance provided. Such service or delivery permit and identification card shall be attached to the windshield of such vehicle in such manner as to be clearly visable. Operating hours of meters, within the meaning of,this ordinance, shallbe between the hours of 9 ~)'clock A.M. and 7:00 o'clock r.M. on Saturdays, 'and between the hours of ~:OO O'clock A.M. and 6:00P.M. on every other day, provided t at such meters shall. not be operated on-Sundays, New Years Day, }Jemorial Day, Fourth of July, Armistice Day, Thanksgiving Day, and Christmaa. SectLon 6. It Shall be unlawful for any mobbr truck with a capacity over one half ton to park within any 45 degree parking lines or markings painted or placed upon the curb, and or upon the street, adjacent to any such parking meters. .;;'--', Section 7. It shall be unlawful and a violat'on of the provisions of this ordinance for any person to deposit or insert, or cause to be deposited or inserted, in any parking meter, anything whatsoever except a one cent coin or a five sent coin or a ten cent coin, lawful money of the United! States. J.. :.; Section 8.. It shall be unlawful for any person to deface, injure, tamper with, open or willfully break, destroy, or impair the usefullnessof, any parking meter installed under the provisions of this ordinance, and it shall be unlawful for any person, except the duly autherized agents or officials of the City of Rexburg, to remove any coin or coins from any paflking meter. ,,.II/" Section 9. It shall be the duty of the Police Officer observing a violation of the provisions of section 4, or section 5, or section 6 of this ordinance to leave at or upon such a vehicle a notice that the vehicle has been larked in violation of the provisions of this ordinance; that said notice shall bear the date and the hour of leaving the same at or upon such vehicle, and the notice shall instruct the owner or operatmr of such vehicle to report to the police department, or to the municipal court of the City, in regard to such violation. It shall be the duty of such police officer to leave at or upon such vehicle a seperate notice for each hour, or fraction thereof that such vehicle remains parked in the violation of the provisions of section 4, or section 5, or Section 6. Each such owner or operator may within twenty four hours of the time of such notice, pay to the polive department, as a penalty for, and in full satisfaction of, such violation, the amount of One Dallar for each hour, o~ fraction thereof, that such vehicle was parked in violation of the provisions of' Section 4, or section 5, or Section 6. The failure of such owner or operator to report to make such payment to the !,olice department within said twenty four hours shall render such owner or operator subjectL t-o-t-R. t.i:fle pt~trroroy sect'1.on"~l'.~f."thia. Q.l'4i.Rance. .~, The notice of above mentioned, shall be made and numbered in triplicate,and it shall be the ach pol~ce officer to file one copy of suchlotice with the police department, and to file SUCh1notica with the City Clerk of the City of Rexburg. It shall be tpe Duty of the , ," lice', 0 file a complaint before the city magistrate against all persons who do not report and". payment to the police department within the above mentioned twenty four hours. All money collected by the police department, for a violation of this ordinance, shall be paid over to the City Clerk ,of th~ City of Rexburg. .... S"ction 10. The amounts required to be deposited in said parking meters, as provided in this ordinances, are hereby levied and assessed as a police regulation and i~spection fees. , :J ~1 1 j Section 11. Every person who violates, or who fails to comply with any of the proviaions in this ordinanc~, except as otherwise in this oedinance provided, shall be punished bya fine not exceeding One HU4dred (100.00) Dollars, or by imprisonment in the city jail not exceeding thirty days, or by both fine ~nd imprisonment, such fine and or imprisonment to be in the discretion of the city magistrate. . Section 12. There is hereby created the office of coin collector for the city of Rexbu rg, who shall be appointed by the mayor with the concent of the Council. Before entering upon his duties the coin Qol1ector shall t~. such oath of office as is prescribed for other officers, and shall execute to the city and fil"1i'IQth the City Clerk, an idemnity bond in the sum of $1,000.00, with sureties to be approved by theoquncU., conditioned upon the faithful performance of all his duties as such coin collector. It sh~l be ihis duty to collect the coin boxes and to wind the mechanism of such meters. The coin boxes trom such meters must be delivered by him to the City Clerk with the seals unbroken, and he shall be cnarged the sum of Five dollars for each and every coin box returned with th. seal broken. :~.~ "H~ 'j I t Section 13. If any section, part of section, sentence, clause, orphrase of this ordinance shall be held to be unconstitutional, invalid or void, the remaining provisions hereof shall nevertheless remain in full force and effect. Section 14. This ordinance shall be in full forceand effect on the thirtieth (30th) day after the passage and approval hereof. ~; -~.. ~ PASSED BY THE CITY COUNCIL OF THE CITY OF REXBURG, this 21st. day of August, 1946. -<' APPROVED by the Mayor of the City of Rexburg, Idaho, this 21st day of August, 1946. APPROVED: Mayor '7 ,~::.-' . . '---" '_.~ "",, , A, .:l>.~ __' i~ .. r ^~ ;7 ,> ATTEST: City Clerk /