[CC 1981 §375.010; Ord. No. 570 §2, 12-12-1984]
The following definitions shall apply in the interpretation and enforcement of this Chapter:
- CHIEF OF POLICE
- The Chief of Police of the City of Winchester or, in his/her absence, his/her duly designated and acting representative or the Mayor of the City of Winchester or, in his/her absence, his/her duly designated and acting representative.
- The portion of a street or highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder.
- STREET OR HIGHWAY
- 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 purposes of vehicular travel.
[CC 1981 §375.020; Ord. No. 570 §§3 — 7, 12-12-1984]
Whenever the Chief of Police finds, on the basis of falling snow, sleet or freezing rain, or on the basis of a forecast by the U.S. Weather Bureau at St. Peters, Missouri, of snow, sleet or freezing rain, that the weather conditions will make it necessary that motor vehicular traffic be expedited and that parking on certain portions of the City streets be prohibited for snow plowing and other purposes, that the Chief of Police shall put into effect a parking prohibition on parts of the City streets as specified and attached hereto in Schedule VIII.
A parking prohibition as contained in Schedule VIII shall automatically go into effect on any part of the streets designated in Schedule VIII where 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.
Once in effect, a prohibition under this Chapter shall remain in effect until terminated by announcement of the Chief of Police in accordance with this Chapter except that any street area 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 prohibition is in effect, no person shall park or allow to remain parked any vehicle on any portion of the streets as designated and prohibited in Schedule VIII to which it applies. However, nothing in this Chapter shall be construed to permit parking at any time or place where it is forbidden by any other provision of law.
Whenever a vehicle shall become stalled for any reason, whether or not in violation of this Chapter, on any part of the prohibited areas as attached hereto in Schedule VIII 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 shall take immediate action to have the vehicle towed or pushed off the roadway. No person shall abandon or leave his/her vehicle in the roadway or on the prohibited areas, 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 telephone or to a nearby garage, gasoline station, or other place of assistance and return without delay.
Whenever the Chief of Police 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 may declare the prohibition terminated, in whole or in part, in a manner as prescribed immediately above.
[CC 1981 §375.030; Ord. No. 570 §§7, 9, 12-12-1984]
Members of the Police Department are hereby authorized to remove or have removed a vehicle from a street to the nearest garage or other place of safety, including another place on a street, or to a garage designated or maintained by the Police Department, or otherwise maintained by the City, when:
The vehicle is parked on an area as designated in Schedule VIII and attached hereto on which a parking prohibition is in effect.
The vehicle is stalled on a part of an area as attached hereto and marked Schedule VIII 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 provision of this Chapter.
The vehicle is parked in violation of any parking ordinance or provision of law and is interfering or about to interfere with snow removal operations.
Whenever an officer removes or has removed a vehicle from a street as authorized in this Section and the officer knows or is able to ascertain from the registration records of the Missouri Department of Revenue the name and address of the owner thereof, such officer shall immediately give or cause to be given notice in writing to such owner of the fact of such removal and the reasons therefor and of the place to which such vehicle has been removed.
Whenever an officer removes or has removed a vehicle from a street under this Section and does not know, and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as heretofore provided, and in the event the vehicle was not returned to the owner within a period of three (3) days, then and in that event the officer shall immediately send or cause to be sent a written report of such removal by mail to the Missouri Department of Revenue and shall file a copy of said notice with the proprietor of any garage or other storage area in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time and place from which the vehicle was removed, the reason 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 a member of the Police Department evidence of his/her identity and the right to possession of the vehicle, shall sign a receipt for its return, shall pay the cost of removal and shall pay any costs of storage accrued. Until paid, these charges constitute a lien on the vehicle which may be enforced in the same manner as a garage keeper or mechanic's lien in accordance with the provisions of the Missouri State Statutes.
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 its 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.
Whenever any motor vehicle without a driver is found parked or left in violation of any provision of this Chapter and is not removed and impounded as provided for in this Chapter, the officer finding such vehicle shall take its registration number and any other information displayed on the vehicle which may identify its user and shall conspicuously affix to such vehicle a traffic citation or for the driver to answer the charges against him/her at the next specified session of the Associate Circuit Court, Municipal Division, for the City of Winchester.
[CC 1981 §375.040; Ord. No. 570 §§10 — 12, 12-12-1984]
If a violator of this Chapter does not appear in response to a traffic citation affixed to such motor vehicle in accordance with this Chapter, the Clerk of the Associate Circuit Court, Municipal Division, for the City of Winchester 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 letter is disregarded for a period of thirty (30) days, a warrant of arrest shall be issued.
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 Chapter, proof that the particular vehicle described in the complaint was parked or left in violation of the provisions 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 his/her vehicle in violation of this Chapter.