A.
The Common Council may designate certain streets or portions of streets
as no parking or no stopping or standing zones or as zones for parking
by physically handicapped persons and may limit the hours in which
the restrictions apply. The City shall mark, by appropriate signs,
each zone so designated in accordance with the provisions of § 349.13,
Wis. Stats.
[Amended 9-11-2000 by Ord. No. 2000-2]
(1)
Main Street from School Street south on Main Street to McDonald Street
and Northeast First Street from School Street north on Northeast First
Street Street to Sherman Street and certain sections of certain side
streets as hereafter described are designated as a two-hour parking
restriction zone.
(a)
School Street from North Main Street east on School Street to
Northeast First Street is designated as a one-hour parking restriction
zone on the south side of School Street.
(b)
The above-described two-hour and one-hour parking restriction
zones shall include the side streets lying one block east of North
Main Street and one block west of North Main Street.
(2)
A no parking/loading zone is established on North Main Street at
the intersection of North Main Street and West Garfield Avenue.
(3)
A no parking zone during school hours on the 100 block of Sherman
Street is established.
(4)
A no parking zone during school hours on the 400 block and the 500
block of North Main Street is established.
(6)
A no parking zone on the east side of Southwest First Street is established
between Bennett Street and West Ramsdell Street from 4:00 a.m. to
11:00 p.m. effective Monday through Friday, except Saturdays, Sundays
and holidays.
B.
Except when necessary to avoid conflict with other traffic or in
compliance with the directions of a police officer or traffic control
device, no person shall stop or park a vehicle in an established no
stopping or standing zone when stopping or standing is prohibited.
No vehicle shall be parked in a no parking zone during hours when
parking is prohibited except physicians on emergency calls or as permitted
by state law or elsewhere by this Code.
C.
The Chief of Police is hereby granted the authority, within reasonable
exercise of police power, to prohibit, limit the time or otherwise
restrict the stopping, standing or parking of vehicles beyond the
provisions of Ch. 346, Wis. Stats. The Street Superintendent shall
have the authority to restrict the turning or movement of heavy traffic
and to impose special weight limitations on any highway or portions
thereof which, because of the weakness of the roadbed due to deterioration
or climatic conditions or other special or temporary conditions, would
likely be seriously damaged or destroyed in the absence of any restrictions
on heavy traffic movement or special weight limitations.
D.
No prohibition, restriction or limitation on parking or restriction
on movement or turning of heavy traffic and imposition of special
weight limits is effective unless official traffic control devices
have been placed or erected indicating the particular prohibition,
restriction or limitation.
E.
After the parking limitation on any given street has expired, any
change of location of not more than one stall following expiration
of the parking period allowed shall be and constitute a violation
of this chapter.
A.
Street maintenance. Whenever it is necessary to clear or repair a
City roadway or any part thereof, the Street Superintendent and/or
Police Department shall post such highways or parts thereof with signs
bearing the words "No Parking - Street Maintenance Work." Such signs
shall be erected at least two hours prior to the time that street
maintenance work is to be commenced. No person shall park a motor
vehicle in violation of such signs.
B.
Temporary parking restrictions for special events. Pursuant to the
provisions of § 349.13, Wis. Stats., the Chief of Police
is authorized to direct that temporary "No Parking" signs be erected
by the Street Superintendent during parades, festivals and other authorized
events that require the regulating of vehicle stopping, standing or
parking on City roadways. The temporary regulation shall be limited
to the time the event exists or is likely to exist.
A.
Parking prohibited at all times. No person shall at any time park
or leave standing any vehicle:[1]
(1)
Within an intersection.
(2)
On a crosswalk.
(3)
On a sidewalk or terrace area, except when parking in such place
is clearly indicated by official traffic signs or markers or parking
meters. "Terrace area" means that area between the sidewalk and the
nearest curbline running parallel or generally parallel thereto or,
in the absence of a sidewalk, 10 feet beyond the curbline.
(4)
Alongside or opposite any highway excavation or obstruction when
such stopping or standing would obstruct traffic or when pedestrian
traffic would be required to travel in the roadway.
(5)
On the roadway side of any parked vehicle unless double parking is
clearly indicated by official traffic signs or markers.
(6)
Within a fire lane consisting of either the driveway between the
front doors of the fire station and the public street or in such places
properly designated and marked as fire lanes ordered by the Fire Chief.
(7)
Upon any portion of a highway where and at the time when stopping
or standing is prohibited by official traffic signs indicating the
prohibition of any stopping or standing.
(8)
In any place or manner so as to obstruct, block or impede traffic.
(9)
Within 10 feet of a fire hydrant, unless a greater distance is indicated
by an official traffic sign.
(10)
Upon any portion of a highway where and at the time when parking
is prohibited, limited or restricted by official traffic signs.
(11)
Upon any bridge.
(12)
Upon any street or highway within the City limits any vehicle
which faces a direction different from the direction of normal traffic
flow for the lane of traffic in which said vehicle is stopped or standing.
(13)
In a loading zone.
(14)
Within four feet of the entrance to an alley, private road or
driveway.
(15)
In any municipal park when said park is closed to the public.
B.
Parking in driveways. No person shall park or leave standing any
motor vehicle in any private driveway without the permission of the
owner or lessee of the property on which such driveway is located,
whether or not such driveway is posted to limit or restrict parking.
C.
Vehicles not to block private drive, alley or fire lane. No vehicle
shall, at any time, be parked so as to unreasonably restrict the normal
access to any private drive, alley or fire lane. Said access shall
be deemed to be unreasonably restricted if any vehicle is parked within
four feet of either side of said access. Upon discovery by a police
officer or upon complaint by the owner of any such blocked drive,
alley or fire lane, the Chief of Police may order said vehicle towed
from such position at the risk and expense of the owner of said vehicle.
D.
Parking vehicle for repair or to display for sale prohibited.
(1)
No person shall stand or park a vehicle on any street, alley, public
right-of-way or municipal parking lot in the City for the purpose
of repairing said vehicle or to display such vehicle for sale. No
person shall park on any street or avenue any vehicles for the primary
purpose of advertising.
(2)
No person other than an owner and/or operator of a business located
on business-zoned property engaged in the regular business of selling
vehicles may display a vehicle for sale upon private premises unless
the following conditions are met:
(a)
Consent to display the vehicle has been given by the owner or
lessee of the premises;
(b)
The owner of the vehicle is on the premises or resides there;
(c)
The vehicle displayed for sale is parked entirely on the premises;
(d)
The premises contains only one vehicle displayed for sale; and
(e)
The advertisement or sign for sale of the vehicle is not larger
than two square feet.
A.
Leaving keys in vehicle. No person shall permit any motor vehicle
to stand or remain unattended on any street, alley or other public
area, except an attended parking area, unless either the starting
lever, throttle, steering apparatus, gear shift or ignition of the
vehicle is locked and the key for such lock is removed from the vehicle.
Whenever any police officer shall find any vehicle standing with the
key in the ignition in violation of this section, such officer is
authorized to remove such from the vehicle and deliver the key to
the Police Department for safe custody.
B.
Parking vehicle with motor running. No person shall park or leave
standing any motor vehicle with the motor or refrigerator unit running
for more than 30 minutes within 300 feet of any residence within the
City between the hours of 10:00 p.m. and 7:00 a.m.
It shall be unlawful for any person, firm or corporation to
permit any construction, compaction, earth-grading or farm machinery
which is self-propelled and moves upon the surface of the earth and
which is owned or controlled by him to stand for any period of time
unattended without locking the ignition system or otherwise rendering
said machinery inoperable so as to prevent any person unauthorized
by the owner or individual in control thereof from starting said machinery.
A.
Except for vehicles wearing special registration plates issued under
§ 341.14(1), (1a), (1m) or (1q), Wis. Stats., or a motor
vehicle upon which there is a special identification card issued under
§ 343.51, Wis. Stats., displayed, or a motor vehicle registered
in another jurisdiction upon which is displayed a registration plate,
a card, or an emblem issued by the other jurisdiction designating
the vehicle as a vehicle used by a physically disabled person, no
person may park, stop, or leave standing any vehicle, whether attended
or unattended, and whether temporarily or otherwise, upon any portion
of the street, highway or parking facility within the City of Marion,
Wisconsin, reserved by official traffic signs, distinct markers, or
parking meters indicating that such portion of the street, highway,
or parking facility is reserved for use by the handicapped.
B.
Any vehicle found parked in violation of the restrictions cited immediately
above may be issued a City of Marion parking citation, the same to
be made out in the name of the registered owner of such vehicle.
[Amended 11-12-2007]
A.
Winter night parking regulated; parking restricted. No person shall
park any vehicle on any City street or on any City parking lot between
2:00 a.m. and 6:00 a.m. during the months of November, December, January,
February, and March, except as follows:
(2)
The designated zones in which residential parking permits may be
obtained by residents shall be designated by the Police Department
at the time of the issuance of such permit. The designation of such
street(s) by the Police Department shall govern where such parking
shall be allowed by the permittee.
B.
Authorization for permit for particular property. Prior to a property
being eligible to have the residents of such building make application
for parking permits under this section, the Common Council must first
approve the property as authorized for the issuance of such parking
permits.
C.
Applications for permit. Each application shall be made on a form
prepared by the City and shall include the following information:
the name of the owner or operator of the motor vehicle, his or her
residential address, the make, model, and registration number of the
motor vehicle, and the owner's driver's license. The Police
Department or Street Department may request further information from
the applicant to verify his or her eligibility for issuance of a permit,
including but not limited to the following: if the applicant's
driver's license or motor vehicle registration reflects a place
of residence other than within the zone in question or one which is
not situated on one of the designated residential streets, the applicant
shall be required to attest to the fact that the motor vehicle in
question is kept only at the address listed on the application, located
on an affected residential street. If a tenant at the listed residence,
the applicant may be required to present a copy of an executed lease
or proof satisfactory to the City that he or she actually resides
at the place of residence listed. Each application shall be attested
to, meaning that the applicant shall swear or affirm as to the correctness
of the information supplied therein.
D.
Restrictions on permit. Any person issued a police permit to park
a vehicle all night on City streets shall comply with the following
restrictions:
(1)
A residential parking permit shall not guarantee or reserve to the
holder a parking space, whether on a given residential street or on
any residential street.
(2)
The permit shall be clearly displayed plainly visible in the vehicle
in such a manner so as to be observable from the windshield.
(3)
The permit shall be valid only for the vehicle designated therein.
(4)
Any transfer of such a permit without the permission of the Police
Department to a motor vehicle other than the one described in the
permit application shall constitute a violation of this chapter. Transfers
of permits shall be allowed automatically upon presentation of proof
that the motor vehicle to which the permit applied has been abandoned,
sold, or otherwise conveyed to a third person or is no longer operable,
in which event the permit holder seeks its transfer to another designated
motor vehicle.
(5)
It shall constitute a violation of this chapter for any person to
falsely represent himself or herself as eligible for a residential
parking permit or to furnish any false information in connection with
an application for a permit. Should any person to whom a permit has
been issued change his or her address without notifying the Police
Department, within seven days of moving, it shall constitute a violation
of this chapter.
(6)
The Police Department is authorized and directed to revoke the residential parking permit of any person found to be in violation of this chapter, and upon written notification of such revocation the person in question shall surrender his or her permit to the Police Department. Failure to surrender a parking permit so revoked shall constitute a violation of this chapter as such that no similar permit shall be issued to that person or to the vehicle to which it applies for a period of 12 months of the date of its revocation. Any person or owner violating this chapter may also be cited and issued a citation for a civil forfeiture for such violation in addition to any other penalties applicable herein. Such forfeiture shall be in accordance with § 1-4 of this Code.
(7)
It shall also be a violation of this chapter for any person to copy,
reproduce, or sell a permit.
(8)
No more than two permits shall be issued for each single-family residence.
(9)
No parking shall be permitted on streets when a snow emergency exists,
as provided below.
(10)
Such a permit shall not be issued to any owner or operator who
has outstanding citations for parking or moving violations in the
City.
E.
Parking during snow removal. No person shall park, place, or leave
standing any automobile, truck, or other vehicle on any street or
public way after one hour from the time such area has been designated
and marked with signs or barriers by an agent of the City indicating
no parking due to snow removal. The Common Council hereby declares
that an emergency exists during the time period of last snowfall until
the snow from the snowfall has been removed; therefore this subsection
shall be controlling over any other section of this chapter which
might in any way conflict.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original Sec. 10-1-26(f), Street maintenance, (g), Removal of illegally parked vehicles, and (h), Registration record of vehicle as evidence, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 572-13A, Street maintenance, § 572-23, Removal of illegally parked vehicles, and § 572-4, Registration record of vehicle as evidence.
F.
Cost of signage and labor. The signage and costs of labor with regard
to any signage and labor referenced in this section shall be borne
and paid for by the property owner of the property for which the parking
permits are sought or issued. Such payment shall be made within 30
days of the issuance of a statement by the City to the owner. If such
payment is not made by that time, such parking privileges under the
permit shall be suspended until payment is made in full. During such
suspension period, any vehicle parked on City streets between 2:00
a.m. and 6:00 a.m. may be cited for violation(s) under this section.
No person shall park a vehicle except parallel to the curb except
on the following streets or parts thereof where diagonal parking will
be allowed:
A.
Northeast First Street from School Street north to Sherman Street,
east side only.
B.
Perry Avenue between North Main Street and Northeast First Street,
south side only.
C.
Northeast First Street from Perry Avenue to Garfield Avenue, west
side only.
D.
Parkview Avenue from railroad tracks to the north line of Lot 7,
Block 29, Reed's Addition to the City, east side only.
A.
Street parking. No person owning or having control of any truck,
trailer, truck power unit, tractor, bus or recreation vehicle with
a tare or empty weight in excess of 12,000 pounds gross weight or
over 25 feet in length (including accessories, racks, or other physical
extensions) or having a height of more than eight feet from the roadway
shall park the same upon any street, avenue, or public way in the
City in a residential-zoned area for more than two consecutive hours.
The provisions of this subsection shall not be deemed to prohibit
the lawful parking of such equipment upon any street, avenue or public
way in the City for the actual loading or unloading of goods, wares
or merchandise; provided, however, that "loading" and "unloading,"
as used in this section, shall be limited to the actual time consumed
in such operation. The Common Council may, however, designate specific
truck parking zones.
B.
Removal. Any vehicle unlawfully parked under Subsection A above may be removed from the street by order of a law enforcement officer, pursuant to § 572-23, and the expense of so moving and storing such vehicle shall be paid by the operator or owner of said vehicle as a forfeiture in addition to the penalties hereafter prescribed.
No person other than the owner or operator thereof shall remove
a City parking ticket from a motor vehicle.
A.
Unlicensed operators prohibited. No person who does not hold a valid
operator's license shall operate a vehicle in any public parking
lot or ramp or in any private parking lot or ramp held out for the
use of parking for the general public.
B.
Traffic regulations applicable. All provisions of § 572-1 of this chapter and of the Wisconsin Statutes and laws incorporated herein by reference shall be applicable on any public parking lot or ramp and on any private parking lot, road or ramp held out for use for the general public for parking or vehicular traffic.
C.
Restricted use of public parking lots. No person shall use a public
parking lot as a site upon which to perform motor vehicle maintenance
or repair. This prohibition shall not apply to emergency repairs which
do not involve changing or releasing of oil, antifreeze, or other
fluids of a motor vehicle if such repairs were not prescheduled and
can reasonably be completed within a time of one hour.
A.
Hazard to public safety. Any vehicle parked, stopped or standing
upon a highway or public parking lot or ramp in violation of any of
the provisions of this chapter is declared to be a hazard to traffic
and public safety.
B.
Removal by operator. Such vehicle shall be removed by the operator
in charge, upon request of any law enforcement officer, to a position
where parking is permitted or to a private or public parking or storage
premises.
C.
Removal by officer. Any law enforcement officer, after issuing a
citation for illegal parking, stopping or standing of an unattended
vehicle in violation of this chapter, is authorized to remove such
vehicle to a position where parking is permitted.
D.
Removal by private service. The officer may order a motor carrier
holding a permit to perform vehicle towing services, a licensed motor
vehicle salvage dealer or a licensed motor vehicle dealer who performs
vehicle towing services to remove and store such vehicle in any public
storage garage or rental parking grounds or any facility of the person
providing the towing services.
E.
Towing and storage charges. In addition to other penalties provided
in this chapter, the owner or operator of a vehicle so removed shall
pay the actual cost of moving, towing and storage. If the vehicle
is towed or stored by a private motor carrier, motor vehicle salvage
dealer or licensed motor vehicle dealer, actual charges regularly
paid for such services shall be paid. If the vehicle is stored in
a public storage garage or rental facility, customary charges for
such storage shall be paid. Upon payment, a receipt shall be issued
to the owner of the vehicle for the towing or storage charge.
A.
Storage prohibited. No person owning or having custody of any partially dismantled, nonoperable, wrecked, junked or discarded motor vehicle shall allow such vehicle to remain on any public street or highway, parking lot or ramp longer than 48 hours after notification thereof by the Police Department. Notification shall be accomplished by placing in a conspicuous place on the vehicle and by mailing or serving upon the owner or occupant in charge of the premises a written notice setting forth briefly the applicable provisions of this section and the date of the notice. Any vehicle so tagged which is not removed within 48 hours after notice is declared to be a public nuisance and may be removed as provided in § 572-23.
B.
Exemptions. This section shall not apply to a motor vehicle in an
appropriate storage place or depository maintained in a lawful place
and manner authorized by the City of Marion.
Pursuant to the provisions of § 118.105, Wis. Stats.,
the following regulations shall apply to the grounds of the Marion
school district located within the City:
A.
Parking. No person shall park any vehicle in any vehicular travel
area or parking area of the Marion school district except in conformity
with posted parking regulations set forth for such vehicular travel
and parking areas.
B.
Speed limit. No person shall, at any time, operate a motor vehicle
upon any Marion school district grounds at a speed in excess of 10
miles per hour.
C.
Vehicles prohibited at specified times. No person shall, at any time,
operate a motor vehicle, other than a school bus or emergency vehicle,
in or upon any drive designated for buses only by sign during the
hours of 7:00 a.m. to 9:00 a.m. and during the hours of 3:00 p.m.
to 4:30 p.m. on any weekday during the months school is in session.
