[CC 1985 §24-276; Comp Ords. §23.08(2)]
As used in this Chapter, the following words and phrases shall have the meanings respectively ascribed to them:
- SECONDARY STREETS
- Those streets which are not marked "snow emergency route".
- SNOW EMERGENCY ROUTE
- Those streets marked as such in accordance with the provisions of this Chapter.
- SNOW TIRES
- Any tires mounted on drive wheels of motor vehicles which are especially designed to give effective traction on snow, mud or ice covered streets by means of extra heavy duty treads with special high-traction patterns, including radial tires, except that no tire so designed shall be construed to be a snow tire if it is damaged or worn to the extent that its performance would be substantially impaired.
- STREET COMMISSIONER
- The City Administrator, his/her designee, or any person so
designated by a resolution of the Board of Aldermen.[Ord. No. 3900 §1, 1-23-2014]
- TIRE CHAINS
- Any metal chains mounted on drive wheel tire of motor vehicles which cross the tread of each section laterally in at least three (3) different places.
[CC 1985 §21-277; Comp. Ords. §23.08(3)]
Whenever the Street Commissioner finds on the basis of falling snow, sleet or freezing rain on the basis of a forecast by the United States Weather Bureau or other weather service of snow, sleet or freezing rain, that weather conditions will make it necessary that motor vehicle traffic be expedited and that parking on City streets be prohibited or restricted for snow plowing and other purposes, the Commissioner shall put into effect a parking prohibition on part of or all snow emergency routes as necessary by declaring it in a manner prescribed by this Chapter.
Notwithstanding the provisions of Subsections (A) and (C) hereof, a parking prohibition shall automatically go into effect on any part of any snow emergency route on which there has been an accumulation of snow and ice of four (4) inches or more or there is the prediction that snow will accumulate in such an amount.
Once in effect, a prohibition under this Section shall be in effect until terminated by announcement of the Street Commissioner in accordance with this Chapter except that any street which has become substantially clear of snow and ice from curb to curb for the length of the entire block shall be automatically excluded therefrom. While the prohibition is in effect, no person shall park or allow to remain parked a vehicle on any portion of any snow emergency route to which it applies. However, nothing in this Section shall be construed to permit parking at any time or place where it is forbidden by any other provision of law.
[CC 1985 §21-278; Comp. Ords. §23.08(6)]
The Street Commissioner shall cause each declaration made by him/her pursuant to this Chapter to be publicly announced by means of broadcast or telecast from a station with a normal operation range covering the City and he/she may cause such declaration to be further announced in newspapers of general circulation when feasible. Each announcement shall describe the action taken by the Commissioner, including the time it became or will become effective, and shall specify the streets or areas affected. A parking prohibition declared by the Commissioner shall not go into effect until at least two (2) hours after it has been announced.
The Street Commissioner shall make or cause to be made a record of each time and date when any declaration is announced to the public in accordance with this Section.
[CC 1985 §21-279; Comp. Ords. §23.08(8)]
Any prohibition of this Chapter which becomes effective by declaration of the Street Commissioner or upon the occurrence of certain weather conditions shall, while temporarily in effect, take precedence over other conflicting provisions of law relating to traffic accidents, emergency travel of authorized emergency vehicle or emergency traffic directions by a Police Officer.
[CC 1985 §21-280; Comp. Ords. §23.08(9)]
On each street designated by this Chapter as a snow emergency route, the Street Commissioner shall post special signs at intervals not exceeding one thousand (1,000) feet with the wording: "Snow Emergency Route. No Parking During Emergency. Tow Away Zone." These signs shall be distinctive and uniform in appearance and shall be plainly readable to persons traveling on the street or highway.
[CC 1985 §21-281; Comp. Ords. §23.08(4)]
No person operating a motor vehicle on a snow emergency route on which there is a covering of snow, sleet or ice shall allow such vehicle to become stalled wholly or partly because the drive wheels thereof are not equipped with tire chains, snow tires or radial tires.
No person operating a motor vehicle on a part of a snow emergency route on which there is a covering of snow, sleet or ice or on which there is a parking prohibition in effect shall allow such vehicle to become stalled because motor fuel has become exhausted or because its battery has become inoperative.
[CC 1985 §21-282; Comp. Ords. §23.08(5)]
Whenever a motor vehicle becomes stalled for any reason, whether or not in violation of this Chapter, on any part of a snow emergency route on which there is a covering of snow, sleet or ice or on which there is a parking prohibition in effect, the person operating such vehicle will take immediate action to have such vehicle towed or pushed off the roadway of such snow emergency route, either to the first (1st) cross street which is not a snow emergency route or onto the public portion of a nearby driveway. No person shall abandon or leave his/her vehicle in the roadway of any snow emergency route regardless of whether he/she indicates by raising the hood or otherwise that the vehicle is stalled, except for the purpose of securing assistance during the actual time necessary to go to a nearby garage, gasoline station or other place of assistance and return without delay.
[CC 1985 §21-283; Comp. Ords. §23.08(11)]
Whenever any motor vehicle without a driver is found parked or left in violation of any provision of this Chapter and is not removed as provided for in this Chapter, the officer finding such a vehicle shall take its registration number and any other information which is displayed on the vehicle which may identify its user and shall conspicuously affix to such vehicle a traffic citation or any form provided by the Street Commissioner for the driver to answer to the charge against him/her within twenty (20) days during the hours and at the place specified in the citation.
[CC 1985 §21-284; Comp. Ords. §23.08(12)]
If any violator of this Chapter does not appear in response to a traffic citation affixed to such motor vehicle in accordance with this Chapter within a period of thirty (30) days, the City Collector shall send the owner of the motor vehicle to which the traffic citation was affixed a letter informing him/her of the violation and warning him/her that in the event such matter is disregarded for ten (10) number days a warrant for his/her arrest will be issued.
[CC 1985 §21-285; Comp. Ords. §23.08(10)]
Members of the Police Department are hereby authorized to remove or have removed a vehicle from the street to the nearest garage or other place of safety, including another place on the street or to a garage designated or maintained by the City, when:
The vehicle is parked on a part of a snow emergency route on which a parking prohibition is in effect;
The vehicle is stalled on a part of a snow emergency route on which there is a covering of snow, sleet or ice or on which there is a parking prohibition in effect and the person who was operating such vehicle does not appear to be removing it in accordance with the provisions of this Chapter;
The vehicle is parked in violation of any parking ordinances or provision of law and is interfering or about to interfere with snow removal operations.
Whenever a Police Officer removes or has removed a vehicle from the street as authorized by this Section and the officer knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, such officer shall give or cause to be given notice in writing to such owner of the fact of such removal and the reasons therefor and the place to which such vehicle has been removed. In the event any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage.
Whenever a Police Officer removes or has removed a vehicle from a street under this Section and does not know and is unable to ascertain the name of the owner or for any other reason is unable to give the notice to the owner as hereinbefore provided and if the vehicle is not returned to the owner within three (3) days, then the officer will immediately send or cause to be sent a written report of such removal by mail to the State Department of Revenue and shall file a copy of such notice with the proprietor of any public garage in which the vehicle shall be stored. Such notice shall include a complete description of the vehicle, the date, time and place from which removed, the reasons for such removal and the name of the garage or place where the vehicle is stored.
No person shall recover any vehicle removed in accordance with this Section except as provided herein. Before the owner or person in charge of such vehicle shall be allowed to recover it from the place where it has been placed or impounded, he/she shall present to the Police Department evidence of his/her identity and right to possess the vehicle, shall sign a receipt for its return, and shall pay the actual cost of its removal and storage. Until paid, these charges constitute a lien on the vehicle which may be enforced in the same manner as the garage keeper's lien in accordance with the provisions of Section 430.010 et seq., RSMo.
It shall be the duty of the Police Department to keep a record of each vehicle removed in accordance with this Section. The record shall include a description of the vehicle, its license number, the date and time of the removal, where it was removed from, its location, the name and address of its owner and last operator, if known, its final disposition and the parking violation involved.
This Section shall be supplemental to any other provisions of law granting members of the Police Department authority to remove vehicles.
[CC 1985 §21-286; Comp. Ords. §23.08(13)]
Prosecution with regard to a vehicle parked or left in a place or in a condition in violation of any provision of this Chapter, proof that the particular vehicle described in the complaint was parked or left in violation of a provision of this Chapter, together with proof that the defendant named in the complaint was at the time the registered owner of such vehicle, shall constitute prima facie evidence that the defendant was the person who parked or left the vehicle in violation of this Chapter.
[CC 1985 §21-287; Comp. Ords. §23.08(7)]
Whenever the Street Commissioner shall find that some or all of the conditions which give rise to a parking prohibition in effect pursuant to this Chapter no longer exist, he/she needs to declare the prohibition terminated, in whole or in part, in a manner prescribed by this Chapter effective immediately upon announcement.