Note: Former Ch. 350, Method of Parking, as amended by Ord.
No. 826 §1, 2-28-2001, was repealed by Ord. No. 1088, 3-11-2020.
[Ord. No. 1088, 3-11-2020]
A. Any person violating any of the provisions of this Section
350.010 may be charged with a parking violation and upon conviction may be sentenced as provided in Section
350.050 hereof.
1.
Parking Prohibited By Ordinance. Notwithstanding anything herein
to the contrary, parking is prohibited by ordinance duly adopted by
the Board of Alderpersons as referenced in Schedule III, Parking Restrictions,
of this Title III, Traffic Code.
2.
Standing Or Parking Close To Curb. Except as otherwise provided
in this Section, every vehicle stopped or parked upon a roadway where
there are adjacent curbs shall be so stopped or parked with the right-hand
wheels of such vehicle parallel to and within twelve (12) inches of
the right-hand curb and headed in the direction of lawful traffic
movement.
3.
Stopping, Standing, Or Parking Prohibited.
a.
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:
(1) Stop, stand or park a vehicle:
(a) On the roadway side of any vehicle stopped or parked
at the edge or curb of a street;
(c) Within an intersection or within twenty (20) feet
of an intersection;
(e) Alongside or opposite any street excavation or
obstruction when stopping, standing or parking would obstruct traffic;
(f) At any place where official signs prohibit stopping;
or
(g) Within eight (8) feet of a mailbox.
(2) Stand or park a vehicle, whether occupied or not,
except momentarily to pick up or discharge a passenger or passengers:
(a) In front of a public or private driveway;
(b) Within fifteen (15) feet of a fire hydrant;
(c) Within twenty (20) feet of a crosswalk at an intersection;
(d) Within thirty (30) feet upon the approach to any
flashing signal, stop sign or traffic control signal located at the
side of a roadway; or
(e) At any place where official signs prohibit standing.
(3) Park a vehicle, whether occupied or not, except
temporarily for the purpose of and while actually engaged in loading
or unloading merchandise or passengers, at any place where official
signs prohibit parking.
b.
No person shall move a vehicle not lawfully under his or her
control into any such prohibited area or away from a curb such a distance
as is unlawful.
4.
Parking Not To Obstruct Traffic. No person shall park any vehicle
upon a street, other than an alley, in such a manner or under such
conditions as to leave available less than ten (10) feet of the width
of the roadway for free movement of vehicular traffic.
5.
Parking For Certain Purposes Prohibited. No person shall park
a vehicle upon any roadway for the principal purpose of:
a.
Displaying such vehicle for sale; or
b.
Repairing such vehicle except repairs necessitated by an emergency.
6.
Parking Prohibited On Narrow Streets.
a.
The City Traffic Engineer is authorized to erect signs indicating
no parking upon any street when the width of the roadway does not
exceed twenty (20) feet, or upon one (1) side of a street as indicated
by such signs when the width of the roadway does not exceed thirty
(30) feet.
b.
When official signs prohibiting parking are erected upon narrow
streets as authorized herein, no person shall park a vehicle upon
any such street in violation of any such sign.
7.
Standing Or Parking On One-Way Streets. The City Traffic Engineer
is authorized to erect signs upon the left-hand side of any one-way
street to prohibit the standing or parking of vehicles, and, when
such signs are in place, no person shall stand or park a vehicle upon
such left-hand side in violation of any such sign.
8.
Standing Or Parking On One-Way Roadways. In the event a highway
includes two (2) or more separate roadways and traffic is restricted
to one (1) direction upon any such roadway, no person shall stand
or park a vehicle upon the left-hand side of such one-way roadway
unless signs are erected to permit such standing or parking. The City
Traffic Engineer is authorized to determine when standing or parking
may be permitted upon the left-hand side of any such one-way roadway
and to erect signs giving notice thereof.
9.
Stopping, Standing, Or Parking Near Hazardous Or Congested Places.
a.
The City Traffic Engineer is hereby authorized to determine
and designate by proper signs places not exceeding one hundred (100)
feet in length in which the stopping, standing or parking of vehicles
would create an especially hazardous condition or would cause unusual
delay to traffic.
b.
When official signs are erected at hazardous or congested places
as authorized herein, no person shall stop, stand or park a vehicle
in any such designated place.
10.
Parking Prohibited On Unimproved Surfaces Of Off The Roadway.
a.
Definitions. The following words, terms, and phrases, when used
in this Section, shall have the meanings ascribed to them in this
Section, except where the context clearly indicates a different meaning:
BUILDING LINE
A line parallel or approximately parallel to the street line
and beyond which buildings or fences may not be erected.
CORNER LOT
A residential property located at the intersection or confluence
of two (2) or more streets such that public street rights-of-way are
directly adjacent to at least two (2) contiguous sides of the lot.
DRIVEWAY
The primary improved or unimproved parking surface which
provides egress and ingress from a garage, carport or off-street parking
area to an adjacent street.
FRONT YARD
The area from the front face of a residential structure to
the front property line or street right-of-way line or, when a structure
does not exist, the area from the front building line to the front
property line or street right-of-way.
LENGTH OF TRAILER
Shall be measured from the forwardmost point of the trailer,
including the mounting fixture or tongue, to the rearmost point of
the trailer when it is in a towing configuration. Ramps, gates and
similar appurtenances shall not be included in determining the trailer
length unless such appurtenances extend the length of the trailer
when it is being towed.
REAR YARD
The area from the rear face of a residential structure to
the rear property line.
SIDE YARD
The area from the side of a residential structure to the
side property line.
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn or moved upon a street or highway,
and shall include any automobile, truck, motor house, motorcycles,
scooters, mopeds, all-terrain vehicles, boats, recreational vehicles,
golf carts, go-carts, trailers, fifth wheel trailers, campers, camper
shells, or wheeled towing frames. This definition does not include
nonmotorized bicycles, small-engine lawn mowers and devices of similar
scale.
b.
Parking On Unimproved Surfaces Restricted. A person commits
an offense if, upon a residential property:
(1) The person causes, permits or allows the parking
or storage of any vehicle in the front yard upon any surface other
than a driveway;
(2) The person causes, permits or allows the parking
or storage of any vehicle upon the side yard and upon any surface
other than an improved parking surface. The improved surface in a
side yard must be equal to the length of the vehicle as defined herein.
c.
Limitation Of Trailers Or Boats Parked On Residential Property.
There shall be a limit of no more than two (2) trailers or boats parked
upon a residential property.
d.
Driveway Width. No driveway shall be wider than twenty-five (25) feet in accordance with Section
405.280(H)(12). Any such improvements shall be in conformance with other City codes.
e.
Abatement.
(1) Whenever the designated City official shall find
a vehicle parked or stored in violation of this Section he shall serve
notice upon the owner of the vehicle requiring removal within seven
(7) days. Notification may be either personally, or by United States
mail, or by posting such notice on the vehicle, declaring the vehicle
parked or stored on an unimproved surface on residential property
to be a public nuisance. If within seven (7) days the vehicle is found
parked or stored on any residential property in violation of this
Section, the designed City official shall issue a citation for prosecution
in Municipal Court.
(2) If the same vehicle is found in further violation
of this Section, the designated City official may, without further
notification, proceed to prosecution.
f.
Maintenance. All improved parking surfaces shall be maintained
in good and safe condition and be free of holes, cracks or other failures
that may affect the use, safety, appearance or drainage of the surface
or of an adjoining property. Final determination of a parking surface's
condition shall be at the discretion of the Building Commissioner,
Inspector or his/her designee.
11.
Time Limitation On Parking.
a.
No person shall park a vehicle on any street for an uninterrupted
period of time longer than twenty-four (24) hours except in an emergency.
This Section shall apply to all motor vehicles required to be registered
and licensed by the Missouri Department of Revenue, all trailers and
campers, motor homes, recreational vehicles, utility trailers, and
boats and motors.
b.
Notwithstanding any otherwise applicable parking restriction,
boats, recreational vehicles and recreational equipment may be temporarily
parked on a public street for a period of not more than three (3)
days in any two (2) consecutive calendar weeks. Such temporary parking
shall not constitute a regulated accessory use (either permitted or
prohibited) under the Zoning Ordinance.
12.
Parking On Parking Lots, Drive-Ins, Loading Zones, Etc. No person
shall stop, stand or park any vehicle in such a manner so as to encroach
upon lanes marked, set aside or commonly used for driving motor vehicles
upon any parking lot, drive-in, driveway, loading zones, or entrance
drives into garages, repair shops, mercantile, business, commercial
or industrial establishments.
13.
Stopping, Standing, And Parking Of Buses And Taxicabs Regulated.
a.
The operator of a bus shall not stand or park such vehicle upon
any street at any place other than a bus stand so designated as provided
herein.
b.
The operator of a bus shall not stop such vehicle upon any street
at any place for the purpose of loading or unloading passengers or
their baggage other than at a bus stop, bus stand or passenger loading
zone so designated as provided herein, except in case of an emergency.
c.
The operator of a bus shall enter a bus stop, bus stand or passenger
loading zone on a public street in such a manner that the bus when
stopped to load or unload passengers or baggage shall be in a position
with the right front wheel of such vehicle not further than eighteen
(18) inches from the curb and the bus approximately parallel to the
curb so as not to unduly impede the movement of other vehicular traffic.
d.
The operator of a taxicab shall not stand or park such vehicle
upon any street at any place other than in a taxicab stand so designated
as provided herein. This provision shall not prevent the operator
of a taxicab from temporarily stopping in accordance with other stopping
or parking regulations at any place for the purpose of and while actually
engaged in the expeditious loading or unloading of passengers.
e.
No person shall stop, stand or park a vehicle other than a bus
in a bus stop or other than a taxicab in a taxicab stand when any
such stop or stand has been officially designated and appropriately
signed, except that the driver of a passenger vehicle may temporarily
stop therein for the purpose of and while actually engaged in loading
or unloading passengers when such stopping does not interfere with
any bus or taxicab waiting to enter or about to enter such zone.
14.
Stopping, Standing, Or Parking Restricted Or Prohibited On Certain
Streets.
a.
The provisions of this Section prohibiting the standing or parking
of a vehicle shall apply at all times or at those times herein specified
or as indicated on official signs except when it is necessary to stop
a vehicle to avoid conflict with other traffic or in compliance with
the directions of a Police Officer or official traffic control device.
b.
The provisions of this Section imposing a time limit on parking
shall not relieve any person from the duty to observe other and more
restrictive provisions prohibiting or limiting the stopping, standing
or parking of vehicles in specified places or at specified times.
c.
When signs are erected giving notice thereof, no person shall
park a vehicle at any time upon any of the streets described by ordinance.
d.
When signs are erected in each block giving notice thereof,
no person shall park a vehicle between the hours specified by ordinance
of any day except Sunday and public holidays within the districts
or upon any of the streets described by ordinance.
e.
When signs are erected in each block giving notice thereof,
no person shall stop, stand or park a vehicle between the hours specified
by ordinance of any day except Sundays and public holidays within
the district or upon any of the streets described by ordinance.
f.
Whenever by this Section or any ordinance of the City any parking
time limit is imposed or parking is prohibited on designated streets,
it shall be the duty of the City Traffic Engineer to erect appropriate
signs giving notice thereof, and no such regulations shall be effective
unless said signs are erected and in place at the time of any alleged
offense.
g.
In cases where an equally direct and convenient alternate route
is provided, an ordinance may describe and signs may be erected giving
notice thereof that no persons shall operate any commercial vehicle
upon streets or parts of streets so described except those commercial
vehicles making deliveries thereon.
h.
Deliveries Restricted To Certain Hours. No commercial vehicle
registered pursuant to Sections 301.057 and 301.058, RSMo., as amended,
in excess of six thousand (6,000) pounds shall be permitted to make
deliveries within the City between the hours of 9:00 P.M. and 7:00
A.M.
i.
Commercial Vehicle Parking. No commercial vehicle or trailer
shall be parked for a period of more than one (1) hour, when not in
the process of loading or unloading, on any street within the dwelling
districts established by the zoning regulations of the City.
j.
Parking Of Certain Vehicles Having Certain Widths Prohibited.
(1) A person shall not park a vehicle, recreational
vehicle or trailer having an overall width in excess of eight (8)
feet on the streets of Winchester.
(2) The word "park," as used in this Section, shall
mean the leaving of a vehicle stopped and unattended.
15.
Parking Of Recreational Vehicles And Utility Trailers.
a.
Definitions. As used in this Section, the following terms shall
have these prescribed meanings:
RECREATIONAL VEHICLE
Any vehicle, with or without internal motor power, used for
the purpose of providing temporary living quarters for camping and
travel use; or any self-propelled vehicle whose sole purpose is to
provide a type of relaxation and enjoyment diversion driving.
UTILITY TRAILER
Any vehicular structure designed to be towed or drawn by
a motor vehicle whose sole purpose is to provide a work service which
may either be an on- or off-road-type means of transport with wheels,
tracks or runners, including, but not limited to, boat trailers.
b.
Keeping Or Occupying Recreational Vehicles Or Utility Trailers
Prohibited — Exception. Except for construction trailers in
use by contractors on premises where improvements are being erected
or repaired, no person shall occupy any recreational vehicle, mobile
home or utility trailer for living, housekeeping or business purposes;
nor shall any person, whether as owner, occupant or agent, allow to
be kept on his/her land or premises any recreational vehicle or utility
trailer which is occupied for living, housekeeping or business purposes.
c.
Removing Transporting Devices Or Fixing To Ground Prohibited.
No person shall remove the wheels or other transporting device from
any recreational vehicle or utility trailer, except when necessary
for repairs, or affix such recreational vehicle or utility trailer
to the ground as to prevent its ready removal.
d.
License And Registration Required — Sticker To Be Displayed.
No person shall keep a recreational vehicle or utility trailer in
the City unless such vehicle is licensed, registered and insured for
road use and has affixed thereto a current and valid license plate
and inspection sticker as may be required by the United States, the
State of Missouri or the City.
[Ord. No. 1088, 3-11-2020]
A. It shall be unlawful for any person to park or stand any vehicle
in any stall or space designated or reserved for physically disabled
persons when prohibited by ordinance duly adopted by the Board of
Aldermen as referenced in Schedule IX, Handicapped Parking Spaces,
of this Title III, Traffic Code.
B. It shall be unlawful for any person to park or stand any vehicle
in any stall or space designated or reserved for physically disabled
persons, as defined in Section 301.142, RSMo., as amended, whether
upon public or private property open to public use, unless the vehicle
bears the State of Missouri license plate or placard for the disabled
as provided for in Section 301.071 or 301.142, RSMo., as amended.
The space shall be indicated by an upright sign whether on a pole
or attached to a building upon which shall be inscribed the international
symbol of accessibility and may also include any appropriate wording
to indicate that the space is reserved for the exclusive use of vehicles
which display a distinguishing license plate or card. The sign described
in this Subsection shall also state, or an additional sign shall be
posted below or adjacent to the sign stating the following: "fifty
dollars ($50.00) to three hundred dollars ($300.00) fine."
C. Any vehicle operator who is not physically disabled shall not use
the handicapped parking space unless there is a physically disabled
person in the vehicle, or while the vehicle is being used to transport
a physically disabled person.
D. Any person convicted of violating this Section is guilty of an offense
and shall be subject to a fine of not less than fifty dollars ($50.00)
nor more than three hundred dollars ($300.00). Every day upon which
such violation occurs shall constitute a separate offense.
[Ord. No. 1088, 3-11-2020]
A. A parking prohibition for those streets, or portions thereof, referenced
in Schedule VIII, Snow Emergency Parking, of this Title III, Traffic
Code, shall automatically go into effect on any such designated street,
or portion thereof, when there has been an accumulation of snow and
ice of two (2) inches or more for one (1) hour or more between the
hours of 6:00 A.M. and 11:00 P.M. of any day within the City of Winchester.
Such prohibition shall remain in effect until such designated street,
or portion thereof, has become substantially clear of snow and ice
from curb to curb.
B. While a snow emergency parking prohibition is in effect, no person
shall park or allow to remain parked any vehicle on a designated street,
or portion thereof.
C. Whenever a vehicle shall become stalled for any reason on any part
of a designated street, or portion thereof, during a snow emergency,
the person operating such vehicle shall take immediate action to have
the vehicle removed from a designated street, or portion thereof.
No person shall leave a disabled vehicle on a prohibited street, or
portion thereof, during a snow emergency except to secure assistance
for the removal of the vehicle.
D. Whenever a vehicle has been parked or abandoned during a snow emergency on a designated street, or portion thereof, in violation of this Section
350.030 and which threatens public safety, any Law Enforcement Officer, the Mayor, or other duly authorized City Official may authorize the towing of such vehicle as provided by Section
215.080 of this Code.
[Ord. No. 1088, 3-11-2020]
A. Whenever any motor vehicle without a driver is found parked or stopped
in violation of any of the restrictions imposed by this Chapter or
by State law, the officer finding such vehicle shall take its registration
number and may take any other information displayed on the vehicle
which may identify its owner and shall mail a citation to the owner
at the owner's last known address.
B. If any vehicle is found in violation of any provision of this Chapter,
the owner or person in whose name such vehicle is registered shall
be held prima facie responsible for such violation.
[Ord. No. 1088, 3-11-2020]
A. Persons convicted of violating Section
350.010 or
350.030 hereof shall be subject to a fine as set forth below:
1.
By order of the Municipal Court; or
2.
By order of the Presiding Judge of the Twenty-First Judicial
Circuit; or
3.
By operating law by Missouri Supreme Court Rule or other governing
law.
B. Every day upon which such violation occurs shall constitute a separate
offense.