This article shall be deemed and construed to
be an exercise of the police power of the City of Franklin in the
State of New Hampshire for the preservation and protection of public
safety, and all of its provisions shall be liberally construed with
a view to the effectuation of such purposes.
Nothing in this article shall apply to fire
apparatus, police cars, funeral cars, ambulances or vehicles or cars
officially used in connection with any city department or city business,
but such vehicles shall at all times be operated and otherwise handled
in a reasonable manner under the circumstances.
As used in this article, the following terms
shall have the meanings indicated:
EVEN-NUMBERED SIDE
That side of a street on which the street numbers of the
buildings are even numbers.
ODD-NUMBERED SIDE
That side of a street on which the street numbers of the
buildings are odd numbers.
OPERATOR
Every individual who shall operate a vehicle as the owner
thereof, or as the agent, employee or permittee of the owner, or who
is in actual physical control of a vehicle.
PARK OR PARKING
The standing of a vehicle, whether occupied or not, upon
a street otherwise than temporarily for the purpose of, and while
actually engaged in, receiving or discharging passengers or loading
or unloading merchandise or in obedience to traffic regulations, signs
or signals or an involuntary stopping of the vehicle by reason of
causes beyond the control of the operator of the vehicle.
PERSON
Any individual, firm, partnership, association or corporation.
STREET
Any public street, avenue, road, parking lot, alley, highway,
lane, path or other public place located in the City of Franklin and
established for use of vehicles.
VEHICLE
Any device in, upon or by which any person or property is
or may be transported upon a highway, except a device which is operated
upon rails or tracks.
Pedestrians shall be subject to traffic control
signals when such signals are in operation and shall cross the street
on red-walk signals only, except that where the traffic control signals
do not indicate a red-walk series, pedestrians shall cross on a red-walk
light only. No person shall cross any public street at any point other
than at a marked crosswalk in the urban compact area.
Police, Fire Department, ambulances, funeral
processions and emergency repair vehicles of public utilities shall
have the right-of-way in any street.
This section shall control the parking or placement
of motor vehicles upon the public ways within the City of Franklin.
To the extent that this section is inconsistent with any prior enactment
or ordinance by the City of Franklin, this section shall be controlling.
A. No person shall park an automobile in a way inconsistent
with posted parking signs, regulations or other markings adopted by
the City of Franklin indicating a restricted parking area.
B. No person shall park an automobile in violation of
the winter parking ban as adopted by the City of Franklin.
C. No person shall park any vehicle overnight on a public
way within the City of Franklin in violation of the pertinent ordinance
to that effect.
D. No person shall park any vehicle in violation of any
posted ban on parking on a specific side of a public way within the
City of Franklin. Further, no person shall park any vehicle in a public
way in such a manner so that the left side of said vehicle faces the
curb or side of the street, except where said public street is a one-way
street and said vehicle is headed in the proper direction of traffic
movement.
[Amended 9-14-1998 by Ord. No. 98-4]
E. No person shall park a vehicle within the City of
Franklin so that such vehicle exceeds posted time limitations on parking.
F. No person shall park a motor vehicle within the City
of Franklin so that said vehicle is entirely or partially within a
marked crosswalk or upon any sidewalk within the city. Further, no
vehicle shall be left parked within a street intersection or within
20 feet of the corner of such an intersection within the city.
G. No vehicle within the City of Franklin shall be left
standing or parked within 10 feet of any fire hydrant or pedestrian
crosswalk located at a traffic intersection or within 10 feet of any
stop sign or traffic control device.
H. No motor vehicle shall be left parked in the City
of Franklin adjacent to a curb painted with the color yellow or within
any space appropriately marked with yellow paint designating that
parking is forbidden.
I. No motor vehicle shall be double-parked or left in
any way within the commonly traveled way of the public streets of
the City of Franklin.
J. No vehicle shall be allowed to be parked or shall
stand in a municipal parking lot for a period of time in excess of
24 hours. All motor vehicles must be removed from municipal parking
lots at least once in each consecutive twenty-four-hour period. Further,
no municipal parking lot shall be used for the storage of any unregistered
or uninspected motor vehicle.
[Added 4-17-2002 by Ord. No. 01-02]
No person shall allow or permit a vehicle registered
in his or her name to park in violation of any provision of this article
or any other ordinance of the City of Franklin. The owner or person
whose name such vehicle is registered in shall be held as prima facie
responsible for such violation.
[Amended 8-3-1987]
A person violating any provisions of this article
or any other ordinance relating to the parking of motor vehicles within
the City of Franklin shall be punished by a fine of not more than
$100 for each offense, except that the optional procedures set forth
below may be used in lieu of court proceedings for the designated
violations.
A police officer observing a violation of any
of the above provisions shall attach to the vehicle or personally
deliver to the violator a notice that the violation has occurred and
instructing the violator or owner to make appropriate direct payment
to the Franklin Police Department as stated herein. The written notice
shall contain the location where the vehicle was parked, if relevant,
the registration number of such vehicle, the date and time of such
violation and other facts necessary to establish an understanding
of the violation.
[Amended 7-7-1997 by Ord. No. 97-2]
The aforementioned notice shall indicate that the violator may resolve the matter through payment of an appropriate fine to the Franklin Police Department. The appropriate fines for violations are listed in §
284-20. The appropriate fine for all other violations will be $10. Failure by the operator or owner to make such payment within 48 hours of the issuance of the notice of violation may result in the issuance of a summons to the operator or owner to appear in court to answer to the charge of violating the ordinance as previously stated. The Chief of Police may authorize, at any time before a court summons has been issued but after the expiration of the forty-eight-hour period, the acceptance of a voluntary payment in the amount of $20 as penalty in full satisfaction of the violation.
The Franklin Police Department is authorized
to remove and tow away or have removed and towed away by commercial
towing service any abandoned vehicle or other vehicle illegally parked
in a place where it creates or constitutes a traffic hazard or violates
the parking ordinances of the City of Franklin or obstructs snow removal
or the movement of any emergency vehicles. Vehicles towed for illegal
parking shall be stored in a safe place and shall be restored to the
owner or operator upon payment of all fees for towing and storage.
[Added 7-7-1997 by Ord. No. 97-2; amended 10-1-2007 by Ord. No.
08-08; 1-5-2015 by Ord. No. 08-15; 5-4-2015 by Ord. No. 13-15; 10-5-2015 by Ord. No. 06-16]
Fines shall be as follows:
Offense
|
Fine
|
---|
01 Winter parking restriction
|
$25
|
02 Night parking restriction
|
$10
|
03 Overtime parking
|
$10
|
04 Restricted place
|
$15
|
05 Wrong side of street
|
$10
|
06 Parked on crosswalk
|
$15
|
07 Parked on sidewalk
|
$25
|
08 Within 10 feet of corner of intersection
|
$10
|
09 Parked in front of public or private driveway
|
$25
|
10 Within 10 feet of fire hydrant
|
$15
|
11 Within 20 feet of driveway to fire station
|
$15
|
12 At yellow curb/loading zone
|
$15
|
13 Parked in fire lane
|
$10
|
14 Double parking
|
$10
|
15 Jaywalking
|
$10
|
16 Handicapped parking violation
|
$50
|
17 Franklin Street Parking Lot: no parking permit
displayed
|
$100
|
18 Dead end streets that are designated as limited or no parking
|
$50
|
After five offenses, the automobile is to be towed at the owner's
expense.
|
[Added 10-1-2007 by Ord. No. 08-08]
The City of Franklin hereby establishes parking by permit only for the Franklin Street Parking Lot. The Franklin Police Department is authorized to enforce any or all provisions identified in this or any other section of Chapter
284, Vehicles and Traffic, as they relate to the unauthorized use of this facility. This section shall control the ongoing management, operation and maintenance of the facility.
A. Parking permits are issued on a first-serve basis
by the City Clerk at a rate of $200 annually and are valid from July
1 to June 20. Permits are renewed annually. The permit must be returned
to the City Clerk prior to the 15th of the month for cancellation
for that month or the balance of the year (July 1 to June 30). A refund,
if applicable, will be prorated at the rate of $16.66 per month.
[Amended 7-6-2009 by Ord. No. 03-10]
B. Permits must be hung on the rearview mirror of the
vehicle and must be clearly seen from the outside. Permits will be
issued on a first-come, first-serve basis. Window decals may also
be used. In the case of a decal it should be placed on the driver's
side on the rear vehicle window. Decals for motorcycles must be placed
on the windshield or in a highly visible location.
[Amended 7-6-2009 by Ord. No. 03-10]
C. Unauthorized use of the facility will result in the
towing of the vehicle, with towing, storage and other expenses the
responsibility of the owner of the vehicle.
D. The Municipal Services Department will maintain the
parking area for snow and ice control and other purposes. During or
following a snowstorm which requires plowing, owners must remove the
vehicle between the hours of 6:00 a.m. to 7:00 a.m.
E. Permits are valid for twenty-four-hour use of the
facility, seven days per week.
[Added 12-2-2013 by Ord. No. 03-14]
A. Intent of section. This section is intended to provide for the free
flow of motor vehicle traffic on roadways in the City. The City Council
finds that persons who distribute any item to, receive any item from
or exchange any item with the occupant of a motor vehicle upon a roadway
present a threat to the free and safe flow of motor vehicle traffic.
By this section, the City Council intends to promote the health, safety
and welfare of the citizens traveling by vehicle in the City.
B. Definitions. For purposes of this section, the following definitions
apply:
ITEM
Any physical object, including, but not limited to, money,
literature, or sales flyers.
PASS/PASSING
Distributing any item to, receiving any item from, or exchanging
any item with the occupant of a motor vehicle that is located in the
public way.
PUBLIC WAY
All public roads or public parking areas open to motorized
vehicles within the City. This definition excludes private roads and
private property.
C. Prohibition on roadways. It shall be unlawful to violate any of the
prohibitions set forth below in the City.
(1)
No person shall knowingly pass any item to, receive any item
from, or exchange any item with the occupant of any motor vehicle
when the vehicle is located in the public way.
(2)
This section shall not apply to the passing of any item with
the occupant of a motor vehicle on private property.
(3)
This section shall not apply to any law enforcement officer
acting in the scope of his/her official duty.
(4)
This section shall not apply to the passing of any item with
the occupant of a motor vehicle located in the roadway in order to
assist the occupant after a motor vehicle accident, with a disabled
motor vehicle or where the occupant is experiencing a medical emergency.
(5)
No pedestrian, or other person, standing or sitting at an intersection,
stoplight, or other similar location where traffic is temporarily
or permanently stopped, shall approach the driver or passenger of
any vehicle for the purposes of asking about, or seeking, the passing
of any item to and/or from the pedestrian and the occupant of the
vehicle.
D. The only exemption to the provisions of Subsection
C above is a "toll boot" fund-raising drive operated by any department of the City or school, or another organization for whom permission has been granted by the Franklin Police Chief or a designee.
E. Sunset. This section shall automatically repeal on April 9, 2015,
unless otherwise ratified by the City Council.
F. Penalty. A person found in violation of this section shall be guilty
of a violation and may be fined not more than $500.
G. Severability. If any provision of this section is declared invalid
or unconstitutional by any court of competent jurisdiction, the remaining
provisions shall be severable and shall continue in full force and
effect.