[Amended 11-28-1978]
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
The Commissioner of Public Works or, in the Commissioner's
absence, a duly designated and acting representative.
That portion of a street or highway improved, designed or
ordinarily used for vehicular travel.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for the purposes of vehicular travel.
For the purpose of facilitating the plowing or removal of snow,
the Chief of Police may in his/her discretion place properly marked
signs along any street or portion thereof as he/she shall from time
to time deem necessary. It shall be unlawful for the operator of any
vehicle to enter upon, stop or park within the spaces indicated by
such signs. In addition, the Chief of Police may, in his/her discretion,
alter the flow or direction of traffic along any street or portion
thereof as he/she shall, from time to time, deem necessary.
Any provision of this article which becomes effective by the
declaration of the Mayor or upon the occurrence of certain weather
conditions shall, while temporarily in effect, take precedence over
other conflicting provisions of law normally in effect, except that
it shall not take precedence over provisions of law relating to traffic
accidents, emergency travel of authorized emergency vehicles or emergency
traffic directions by a police officer.
A.
The Mayor shall cause each declaration pursuant to this article to
be publicly announced by means of broadcasts or telecasts from stations
with a normal operating range covering the City and may cause such
declaration to be further announced in newspapers of general circulation
when feasible. Each announcement shall describe the action to be taken
by the Commissioner acting as requested by the Mayor, including the
time it became or will become effective, and shall specify the streets
or area affected. A parking prohibition declared by the Mayor shall
not go into effect until at least two hours after it has been announced
at least four times between 6:00 a.m. and 11:00 p.m. in accordance
with this section.
B.
The Commissioner shall make or cause to be made a record of each
time and date where any declaration is announced to the public in
accordance with this section.
A.
Whenever the Mayor determines on the basis of falling snow, sleet
or freezing rain or on the basis of a forecast by the U.S. Weather
Bureau or other weather service that the 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 all parts of the streets, highways and roadways of the City as
necessary by declaring it in a manner prescribed by this article.
B.
Once in effect, a prohibition under this section shall remain in
effect until terminated by announcement of the Mayor in accordance
with this article. While the prohibition is in effect, no person shall
park or allow to remain parked any vehicle on any portion of a street
to which the prohibition applies.
Whenever there are areas in the City available for the purposes
of operators or owners who have no driveways or garages to park their
vehicles during any prohibition against parking as outlined in this
article, the Commissioner shall announce publicly as provided in this
article where vehicles may be brought and parked during the prohibition.
Whenever the Mayor shall find that some or all of the conditions
which gave rise to a parking prohibition in effect pursuant to this
article no longer exist, he/she may declare the prohibition terminated
in whole or in part in a manner prescribed by this article effective
immediately upon announcement.
Whenever a vehicle becomes stalled for any reason, whether or
not in violation of this article, on any part of a street or highway
on which there is a covering of snow, sleet or ice or on which there
is a parking prohibition in effect, the person operating the vehicle
shall take immediate action to have the vehicle towed or pushed off
the roadway to his/her own driveway, to a public place so provided
for or to a nearby private garage. No person shall abandon or leave
his/her vehicle in the roadway on which a prohibition is in effect,
except for the purpose of securing assistance during the actual time
necessary to go to a telephone, garage, gasoline station or other
place of assistance and return without delay.
A.
Members of the Police Department are hereby authorized to tag all
vehicles parked or abandoned on the streets of the City and to remove
or have such vehicles removed from the streets where:
(1)
The vehicle is parked or abandoned on a street on which a parking
prohibition as prescribed in this article is in effect;
(2)
The vehicle is stalled on a street on which there is a covering
of snow, sleet or ice 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 article; or
(3)
The vehicle is parked in violation of this article or is interfering
or is about to interfere with snow removal operations.
B.
Vehicles found in violation of the provisions of this section, except
those specifically exempt by law, shall be removed to a convenient
place under the direction of an officer of the Police Department,
and the owner of the vehicle so removed, or towed away, shall be liable
for the cost of such removal and storage; until paid, these charges
constitute a lien on said vehicle.
C.
It shall be the duty of the Police Department to keep a record of
each vehicle tagged or removed in accordance with this section. The
record shall include a description of the vehicle, its license number,
the date and time of its removal, where it was removed from, its location,
the name and address of its owner and the last operator, if known,
its final disposition and the parking violation involved.
D.
This section shall be supplemental to any other provisions of the
law granting members of the Police Department authority to remove
vehicles.
In any prosecution with regard to a vehicle parked or left in
a place or in a condition in violation of any provision of this article,
proof that the particular vehicle described in the complaint was parked
or left in violation of a provision of this article together with
proof that the defendant named in the complaint was at the time the
registered owner thereof shall constitute prima facie evidence that
the defendant was the person who parked or left the vehicle in violation
of this article.
Any person in violation of the provisions of this article shall be subject to such penalties and fines as provided in § 405-22 of this chapter.
