HomeMy WebLinkAbout09-1397 City Code Parking CodeCITY OF MERIDIAN ORDINANCE NO. ' I3~
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE 6, CHAPTER 1,
SECTION 6, MERIDIAN CITY CODE, REGARDING CODE ENFORCEMENT
DIVISION AUTHORITY; AMENDING TITLE 7, CHAPTER 2, MERIDIAN CITY
CODE, REGARDING PARKING REGULATIONS, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Meridian has experienced an increase in parking demand
throughout the community, and the City Council of the City of Meridian seeks to respond to that
demand by clarifying parking regulations and enhancing parking enforcement mechanisms;
WHEREAS, Idaho Code § 49-213(3) authorizes non-POST-certified law enforcement
officers, such as code enforcement officers, to issue uniform citations for unauthorized parking
in a space designated for use by a person with a disability, whether on private or City property,
so long as the City so empowers such officers;
WHEREAS, Idaho Code § 49-1501 says that only aPOST-certified peace officer or ITD
employee can issue a uniform citation for violations of Idaho Code Title 49, Chapters 3, 4, 6, 7,
8, and 9 (drivers license and registration, rules of the road, pedestrians and bikes, signs/signals,
and equipment violations), but Idaho Code § 19-3901 and State v. Gage, 123 Idaho 875 (Ct.
App. 1993) empower non-POST-certified law enforcement officers, such as code enforcement
officers, to write uniform citations for violations ofnon-traffic and parking Idaho Code sections,
as well as for violations of city code, including traffic and parking-related City Code violations;
and
WHEREAS, the City Council of the City of Meridian finds that the regulation of parking
serves the public health, safety, and welfare by prohibiting or limiting parking in unsafe,
unsuitable, or high-traffic locations; prohibiting or limiting monopolization of shared resources;
and protecting the right of persons with disabilities to utilize designated parking spaces;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCII. OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1. That a new subsection be added to Title 6, Chapter 1, section 6, Meridian City
Code, to read as follows:
6-1-6: CODE ENFORCEMENT DIVISION:
A. Division Created: There is hereby created as a division of the police department the code
enforcement division, which together with the personnel assigned to this division, shall be
under the supervision and direction of the chief of police and commencing with fiscal year
2000-2001 budget of the police department.
ORDINANCE REVISING CITY OF MERIDIAN PARKING CODE PAGE 1 OF 13
B. Functions, Powers And Duties: The enforcement of all Meridian city code regulations and all
council actions, orders and decisions involving the issuance of licenses and/or permits, and
including the service of notices of enforcement actions which responsibilities are not
specifically provided for to other city officers and/or officials by other provisions of this
code.
C. Code Enforcement Officers shall be empowered to issue uniform citations and parking
citations for violations of city code as allowed by Idaho Code and directed by the chief of
police or designee.
Section 2. That Title 7, Chapter 2, Meridian City Code, be amended to read as follows:
7-2-1: DEFINITIONS:
For purposes of this chapter, the following terms shall be defined as set forth in Title 49, Chapter
1, Idaho Code:
A. "Gross vehicle wei t rating (GVWR)."
B. "Motor home."
C. "Recreational vehicle."
D. "Trailer," and all types thereof.
E. "Vehicle."
7-2-~2: PROHIBITED PARHING
Except when necessary to avoid conflict with other traffic, or in compliance with law or the
directions of a police officer or official traffic-control device, no person shall:
A. Geer-Stop, stand or park an~ vehicle:
1. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;_
Z. On a sidewalk or parkway;,
3. Within an intersection;,
4. On a crosswalk;_
S. On a bike lane or bike path as designated by painted lines;_
6. Within twenty feet (20') of a bike path approach;,
7. Between a safety zone and the adjacent curb or within thirty feet (30') of points on the
curb immediately opposite the ends of a safety zone, unless a different length is indicated by
signs or markings;,
ORDINANCE REVISING CrrY OF MERIDIAN PARKING CODE PAGE 2 OF 13
8. Alongside or opposite any street excavation or obstruction when stopping, standing or
parking would obstruct traffic,
9. Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
10. On any railroad tracks;,
11. At any place where official traffic-control devices posted at the direction or under the
authority of the city or Ada County highway district prohibit or limit such stopping, standing
or parking. It shall be prohibited for any person to remain stopped, standing or parked past
the time limit prescribed on each traffic-control device. ~I. _t the expiration of the
posted time limit, ;~ . ,;» ~o ro ,.oa ,.i..,+ .,i, .,o~,;,.~o~ t..o ,.a,..,,,.,oa ~.,,,.,., ~~o ~.~,,,.,. ~ ,.o ,.~~t,o
a
new time limit may beery upon removal of the vehicle from the block, or five hundred
feet (500') from the location in which it was previously parked, whichever is farther, for a
minimum of twenty-four (24) hours.
B n;,.v TT., ~,..,-,;~„,~.,,.,.o D.,~~o,.~.~,.~. Stand or park a vehicle, unless driver occupied, except
momentarily to pick up or discharge a passenger or passengers:
1. In front of a public or private driveway;_
2. Within fifteen feet (15') of a fire hydrant;,
3. Within twenty feet (20') of a crosswalk or a bike/pedestrian curb ramp, except at an
intersection where atraffic-control signal is in operation;,
4. Within thirty feet (30') upon the approach to any flashing signal, stop sign, yield sign or
traffic-control signal located at the side of a roadway;,
5. Within twenty feet (20') of the driveway entrance to any fire station and on the side of a
street opposite the entrance to any fire station within seventy five feet (75') of said entrance
when properly signposted;,
6. At any place where official traffic-control devices posted at the direction or under the
authority of the city or Ada County highway district prohibit such stopping.
C. : Park a vehicle, whether occupied or not, except temporarily for
the purpose of and while actually engaged in loading or unloading merchandise or
passengers:
1. Within fifty feet (50') of the nearest rail of a railroad crossing;,
2. At any place where official traffic-control devices prohibit such parking.
ORDINANCE REVISING CITY OF MERIDIAN PARKING CODE PAGE 3 OF 13
D. In such a manner or under such conditions as to leave available less than twelve feet (12') of
roadway for the free movement of vehicular traffic.
E. And leave such vehicle unattended without stopping the motor of the vehicle and effectively
setting the brakes of the vehicle.
7-2-~3: PARALLEL OR ANGLE PARING:
A. Parallel Parking:
1. Two-Way Streets: Except as otherwise provided in this chapter, every vehicle stopped or
parked upon atwo-way street shall be stopped or parked with the right-hand wheels parallel
to and within eighteen inches (18") of the right-hand curb or as close as practicable to the
right edge of the right-hand shoulder.
2. One-Way Streets: Except when otherwise provided, every vehicle stopped or parked upon
a one-way street shall be stopped or parked parallel to the curb or edge of the street, in the
direction of authorized traffic movement, with its right-hand wheels within eighteen inches
(18") of the right-hand curb or as close as practicable to the right edge of the right-hand
shoulder, or with its left-hand wheels within eighteen inches (18") of the left-hand curb or as
close as practicable to the left edge of the left-hand shoulder.
B. Angle Parking: The police department may permit angle parking on any street, except that
angle parking shall not be permitted on any federal aid or state highway unless the state
transportation department has determined that the roadway is of sufficient width to permit
angle parking without interference with the free movement of traffic. If angle parking is
permitted, the vehicle shall not be backed into the parking space with the front of the vehicle
facing the roadway.
ORDINANCE REVISING CITY OF MERIDIAN PARKING CODE PAGE 4 OF 13
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7-234: PARING IN ALLEYS:
No person shall park anv motor home, recreational vehicle, trailer, or vehicle within an alley,
except while actively engaged in the expeditious loading and unloading of passengers, supplies
and merchandise. In no case shall *'~°such loading and unloading exceed thirty (30)
minutes.
ORDINANCE REVISING Crrx OF MERIDIAN PARKING CODE PAGE 5 OF 13
7-2-~5: PARHING ON PUBLIC STREETS OTHER THAN
ALLEYS:
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A. Parking on Public Streets: No person shall park or place, or cause to be parked or placed,
u op n anYpublic street, regardless of whether attended or unattended:
1. For longer than seventy-two~72. hours:
a. Any vehicle having a GVWR of less than twelve thousand (,12,000 op ands.
b. Any motor home or recreational vehicle. Neither this nor an~provision of this
chapter shall be construed to authorize an~person to sleep in or allow another to
sleep in any motor home or recreational vehicle.
c. Any utility trailer that is attached to a vehicle.
2. For longer than two (2 hours:
a. Any utility trailer that is not attached to a vehicle.
3. For an, ~ length of time, except as otherwise allowed in this section:
a. Any vehicle, either motorized or unmotorized, having a GVWR greater than twelve
thousand (12,000~,pounds, unless such vehicle is a motor home or recreational
vehicle, in which case the provisions of section 7-2-5(A)(1)(b) shall apply.
b. An~pole trailer or semi trailer.
c. Any vehicle designed or used primarily as farm or construction equipment.
B. Time Limit:
_t the
expiration of the °°•~°„*~~ *~•~^ ~'""~^~•r ~plicable time limit set forth in this section, a new
time limit may begin only upon removal of the motor home. recreational vehicle. trailer. or
vehicle ~* ~ r°a *"°* *"° •~°"~°'°'~° r ~°a from the block, or fi~fil~ five hundred
ORDINANCE REVISING CI'I'X OF MERIDIAN PARKING CODE PAGE 6 OF 13
feet (500'), ••~~~°~°~~°°~ ~~ ~ Y*~°Y, from the location in which it was previously parked--the
whichever is farther, for a minimum of twen -four 24) hours.
C. Exceptions: The provisions of this section shall not apply when a
vehicle or trailer is parked:
1. For the purpose of loading or unloading p~~s, materials; or merchandise1 when
such p'a~ materials; or merchandise are actually being loaded or unloaded, and
where such vehicle or trailer is parked within one hundred feet (100') of the loading or
unloading_point•;
2. For any purpose incident to any ongoing_lawful construction project
where such construction project is conducted
under a valid City of Meridian building,~ermit and such trailer or vehicle is parked within
one hundred feet (100') of such construction project.;
3. For any purpose incident to a lawful commercial or industrial operation1 lesat~y
so long as the vehicle
is parked within one hundred feet (100') of such commercial or industrial operation.
4. For the purpose of maintenance or response to emergency a public utility, un blic
entity, public agency, or the duly authorized agent thereof, where such vehicle is visibly
marked and identified as such.;
5. As specifically allowed by a valid periTlit duly issued by the City of Meridian.
7-2-6: PARKING ON PUBLIC PROPERTY OTHER THAN STREETS AND ALLEYS:
A. Parking on Public Property: No person shall arp k or dace, or cause to be parked or placed,
upon any public property regardless of whether attended or unattended, for longer than two
2 hours:
1. Any vehicle, either motorized or unmotorized, having a GVWR of or greater than twelve
thousand 12,000pounds.
2. Any motor home or recreational vehicle. Neither this nor any provision of this chapter
shall be construed to authorize an~person to sleep in or allow another to sleep in any
motor home or recreational vehicle.
3. Any trailer, whether or not attached to a vehicle.
4. Any vehicle designed or used ~y as farm or construction equipment.
B. Time Limit: At the expiration of the two-hour time limit set forth in this section, a new time
limit ma~begl~~pon removal of the motor home, recreational vehicle, trailer, or
ORDINANCE REVISING CITY OF MERIDIAN PARKING CODE PAGE 7 OF 13
vehicle from the block, or five hundred feet (500') from the location in which it was
previouslyparked, whichever is farther, for a minimum of twenty-four 24, hours.
C. Exceptions: The provisions of this section shall not apply to a motor home, recreational
vehicle, trailer, or vehicle that is parked:
1. Where ex ressly and specifically allowed by the public enti ownin s~property by
ordinance, resolution, written policy, or valid, duly-issued permit'
2. For the purpose of maintenance or response to emergency a public utility, public
entity, up blic agency, or the duly authorized agent thereof, where such vehicle is visibly
marked and identified as such.
7-2-7: PARKING ON CITY PROPERTY WHERE PARKING PERMIT REQUIRED:
Notwithstanding any other provision of this cha tp er, no person shall park any vehicle on any City
property where a temporary or permanent parking_permit is required unless a valid City Parking
Permit duly issued for such vehicle is visibl dy is~layed on such vehicle.
7-2-98: ENFORCEMENT AUTHORITY; PARKING TICKETS AND PROCEDURES:
A. Enforcement Authorit~Police officers and ~e code enforcement officers of
the Meridian police department shall be authorized as
follows:
1. Enforcement of Laws Reaardina Designated Parkins for Persons with Disabilities:
Police and code enforcement officers shall be authorized to enter upon np 'vate property
open to the public to enforce the provisions of~~rldaho Code section 49-213,
and are em owered to check ersonal identification to determine if the user of a s eD cial
license Dlate or Dlacard is authorized to use a narking svace accessible to Dersons with
disabilities.
2. Issuance of Parking Tickets: Police officers and the ~e~
code enforcement officers of the Meridian police department, upon observing
vehicle parked, standing or stopped in violation of the provisions of
this -chapter may to leave upon such vehicle a separate ~etis® ticket for each posted
time limit or as frequently as every two (2) hours that such vehicle ~ is parked or
~ laced in violation of the provisions of this chapter
~.
ORDINANCE REVISING CrI'Y OF MERIDIAN PARKING CODE PAGE 8 OF 13
a. Contents of Ticket: Each ticket shall bear the date and
hour of leaving the same at or upon the vehicle, make e~e~i~ and
license number of such vehicle, the specific code section violated-ate, the amount of
the fine, ' ~ ., „~„ „~ ~ ,.i.. °i.;,.,° ~,. ,,,.~ ,.,, ,.,,° ,.,
and the address to which payment of such fine shall be mailed or
delivered.
b. Filing of Tickets: One copy of each ticket issued shall be
filed with the police deparment.
c. Responsibility for Violation: If any vehicle is found stopped, standing or parked in
any manner violative of the provisions of this chapter and the identity of the operator
cannot be determined, the owner or person in whose name said vehicle is re 'sue tered
or the named lessee in a rental or lease agreement of said vehicle shall be held prima
facie responsible for said violation.
B. Administrative Procedure; Payment Of Parking Fines:
eEach person receiving a parking ticket under this chapter left upon his or her vehicle shall:
1. ~ Fine Schedule: Within ~°•~°„*~~,~,,,, ~'""'°~•-~° seven 7) days of the time of such
n~®ticket, pay to the police department in full satisfaction of such violation, the fee
amount indicated in the following f~ fine schedule for each notice left upon his or her
vehicle:
a T°~ a„".,..~ ~Q, n nm Fifteen dollars ($15.OO~for each violations of
sections 7-2-2 prohibited parklri~) or 7-2-3 (parallel or angle
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b •r..,°„~, ~.,° a„ii.,,.~ ~Q~c nm Thirty_five dollars ($35.OO~for each violations of
sections 7-Z-4 (~~eys or 7-2-5 (parking in public streets other than
alle s .ems-c~~
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ORDINANCE REVISING CrrY OF MERIDIAN PARKING CODE PAGE 9 OF 13
c. Fifty dollars ($50.00) for each violation of sections 7-2-6 (fig o~ublic
pro e~rty other than streets or alleys or 7-2-7 (king on citxproperty where
parking permit re uired).
d. One hundred dollars ($100.00), or the fine amount set by law, for each violation
of Idaho Code section 49-213 (unauthorized use of ~g space designated for
persons with disabilities).
2. Additional Penal For Late Payment:
' Where a parking ticket issued pursuant to this chapter
has not been paid within the seven (7) dam above prescribed, the
ticketed party shall incur , an additional enalty of ten
dollars ($10~00)thr°-(-$~ .-D~reaaE~ae~i~tice4eep~ris-~~el~°,
. Further, the failure of any
ticketed person to pay such fine within
the ~ssr~d seven (7~ys above prescribed ~ shall render the e-er
ep ticketed party subject to „°~°'*~°° ~ ^a°a ~~~ °°°*~°„ '' ' " °~*~~°
the process set forth in this section for nonpayment of parking fine.
C. Contested Ticket; Nonpayment of Parking Fine:
of t~i}s-c-lte>-In the event a ticketed party contests such ~g ticket, and/or in the event of
nonpayment of a fine in accordance with administrative procedure set out hereinabove, an
infraction citation or complaint for a parking violation or a failure to pay a parking penalty may
be filed in the magistrate division of the district court.
ORDINANCE REVISING CI'I'X OF MERIDIAN PARKING CODE PAGE 10 OF 13
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ORDINANCE REVISING CITY OF MERIDIAN PARKING CODE PAGE 11 OF 13
Section 3. That all ordinances, resolutions, orders, or parts thereof or in conflict with this
ordinance are hereby voided.
Section 4. That this Ordinance shall be in full force and effect on April 1, 2009.
PASSED by the City Council of the City of Meridian, Idaho, this ~~ day of
~~ , 2009.
APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of
~f~l_QI~R , 2009.
APPROVED:
Tammy deJ-V~rd, Mayor
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ORDINANCE REVISING CTI'Y OF MERIDIAN PARKING CODE
PAGE 12 OF 13