HomeMy WebLinkAboutORD 3579Bill No. 17
ORDINANCE NO. 3579
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING
CHAPTER 09, ARTICLE 07, SECTION 09-07-02, OF CALDWELL CITY" CODE,.
.PERTAINING TO DEFINITIONS, AND SECTION 09-07-13, OF THE CALDWELL CITY
CODE, PERTAINING TO THE IMPROPER PARKING OF VEHICLES; PROVIDING AN
EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT
HEREWITH.
BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon,
State of Idaho:
Section 1.. That Chapter 9, Article 7, Section.09-07-02 and 09-07-13 of the Caldwell
City Code is hereby amended to the following:
09-07-02: DEFINITIONS:
Except for the following words or terms used in this Article, which shall have the
meaning herein ascribed to them, all words and phrases used in this Article, shall be as
defined in Idaho Code Title 49, chapter 1:
ACCESS AISLE: An accessible pedestrian space around parking spaces, lots or areas
that provides clearance appropriate for use of such spaces, !lots or areas.
ACCESSIBLE ROUTE: A continuous unobstructed path that may include parking
access aisles, curb ramps, crosswalks at vehicular ways, walks, ramps; and lifts.
CAMPER: A separate vehicle designed for human habitation and which can be
attached or detached from a motor vehicle.
DOUBLE PARKED: Stopped or parked on the roadway side of a vehicle which is
stopped or parked in an officially designated parking space; or adjacent to the curb line
of a street. The term "double parking" also describes parking over the lines of any
designated parking space, whether such space is separating two designated parking
spaces or not.
LOADING ZONE: A space or section of a street, which -has been set aside for the
.exclusive purpose of loading and unloading of persons, supplies and/or merchandise.
Such zone shall be marked by appropriate signage, curb markings, or diagonal street
striping.
MOTOR HOME: A self-contained vehicle, designed for human habitation, with its own
motor power, and with a passageway from the body of the home to the driver's and front
passenger's seat.
MOTORCYCLE: Every motor vehicle having a saddle for the use of the rider and
designed to travel on not more than three wheels in contact with the ground, but
excluding a tractor.
PARKING OFFICER: Any police officer, city employee, or contracted third -party
operator assigned the responsibility of enforcing parking regulations.
PARKING SPACES (ACCESSIBLE): Accessible parking spaces shall include the width
required for the parking stall and the required parking access aisles. Parked vehicles
shall not reduce the clear width of an access aisle or accessible route.
TRAILER: A vehicle without motor power designed for carrying persons or property on
its own structure and to be drawn by a vehicle with motor power. The term trailer shall
include trailer coach, boat trailer, semitrailer, travel trailer or utility trailer.
VEHICLE: Every vehicle which is self-propelled but not operated upon rails, except
vehicles moved solely by human power. (Ord. 3546, 11-21-2.023)
WRECKED, DISMANTLED OR INOPERATIVE VEHICLE OR PART THEREOF
(Hereinafter Called A JUNK MOTOR VEHICLE): An unsightly motor vehicle or a part or
parts therefrom, which meets any one of the following qualifications:
It does not carry a current valid state registration and license plates.
taillights, horn, muffler, rearview mirror, windshield wipers or adequate fenders.
E. It has one or more flat tires.
09-07-13: IMPROPERLY PARKED VEHICLES GENERALLY:
(1) A ticket may be issued to the registered owner of any vehicle parked in violation
of this Article, or any vehicle parked so as to obstruct the free movement of traffic or
causing a'traffic hazard. When the identity of the operator cannot be determined, the
owner or person or the corporation in whose name the said vehicle is registered or the
named lessees in a rental or lease agreement of said vehicle shall be presumed prima
facie responsible for said violation. Provided, further, that any such improperly parked
vehicle may also be towed., upon order of the police department or city -authorized
parking officer, in addition or as an alternative to issuance of the aforementioned ticket.
Whenever any vehicle is towed and placed in storage in accordance with this Article, all
expenses incurred by the city for storage and towing shall be paid by the owner before
such vehicle is released from such impoundment.
(2) In order to eliminate burdening courts with misdemeanor violations of ordinances
and to eliminate insofar as possible public inconvenience, the parking officer may also
issue parking tickets for the following:
A. Overtime parking.
B. Second overtime parking violation within 30 days of the first violation.
C. Third overtime parking violation within 30 days -of the first violation.
D. Fourth and subsequent overtime parking violation within 30 days of the first
violation.
E. Parking in a no parking zone..
F. Parking within fifteen (15) feet of afire hydrant.
G. Blocking driveway with a parked vehicle.
H. Parking in alley.
I. Parking within twenty-five (25) feet of corner.
J. Double-parking.
K. Parking with the vehicle' headed in wrong direction.
L. Parking on or within twenty (20) feet of a crosswalk.
M. Parking .on or across sidewalks, or in such a manner as to obstruct the route of
passage between such sidewalks.
N. Parking with wheels over eighteen (18) inches from curb.
O. Parking within 20 feet of or closer to a stop sign, flashing beacon, or traffic
control signal.
P. Parking in fire lane or along any yellow or red painted curb.
Q. Parking commercial trucks/commercial vehicles in prohibited zone.
R. Parking in city parks after sunset.
S. Parking or driving on grass.
T. Unauthorized parked in handicap stall or adjacent.access aisle,
U. Parking on a bike lane or bike path.
V. Campers, motor homes, or trailers parked on the street for more than forty-eight
(48) hours.
W. Parking where official signs prohibit parking.
X. Failure to display proper parking permit, to include residential permit parking,
leased parking, and temporary use permit parking.
Y. Parking on commercial vehicle lots.
Z. Temporary parking permit violation.
AA. Unauthorized parking on streets and public property.
BB. Parking in violation of 10-02-05 of the Caldwell City Code.
CC. Parking in front of a mailbox in a manner that would prevent the distribution of
mail by the United States Postal Service.
DD. Junk motor vehicles parked.placed, or storedonpublic or private property.
Section,2. This ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
Section 3. This ordinance is hereby declared to be severable. If any portion of this
ordinance is declared invalid by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect and shall be read to carry out the
purposes of the ordinance before the declaration of partial invalidity. .
Section 4. All ordinances, resolutions, orders and parts thereof in conflict herewith are
repealed.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 51h day of
March 2024.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 5- day of
March 2024.
ATTEST:
Mayor Jar m l�agoner City Clerk (or Deputy)
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ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 3579
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING CHAPTER
09, ARTICLE 07, SECTION 08-07-02, OF CALDWELL CITY CODE, PERTAINING TO
DEFINITIONS, AND SECTION 09-07-13, OF THE CALDWELL CITY CODE, PERTAINING TO
THE IMPROPER PARKING OF VEHICLES; PROVIDING AN EFFECTIVE DATE;
PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS,
ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH.
Section 1: Amend Chapter 9, Article7 (Parking Regulations), Section 09-7-02 (Definitions) to add a
definition for "Wrecked, Dismantled or Inoperative Vehicle or Part Thereof' and Section 09-07-13
(Improperly Parked Vehicles Generally) to add "Junk motor vehicle parked, placed or stored on public or
private property.
Sections 2 through 4: Provide that this ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law; provides for severability; repeals conflicting ordinances,
resolutions, and orders.
Ordinance No. 3579 was passed by the Council and approved by the Mayor on the 5' day of March, 2024.
The full text of the Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho 83605.
The Mayor and City Council approved the foregoing summary on the 5' day of March, 2024, for
publication on the 121 day of March, 2024, pursuant to Idaho Code § 50-901A.
STATEMENT OF LEGAL ADVISOR
I have reviewed the foregoing summary and believe
that it provides a true and complete summary of
Ordinance No. 3579 and provides adequate notice to
the public as to the contents of such ordinances
DATED this 56'
Mark Hilty, Attorney foycity of