[R.O. 2009 §22-250]
This Article shall be known and may be cited as the "Snow Emergency
Ordinance of the City of Cool Valley".
[R.O. 2009 §22-251; Ord. No. 784 §1, 11-10-1992]
The following definitions shall apply in the interpretation
and enforcement of this Article:
DIRECTOR
The Director of Public Works or, in said Director's absence,
the duly designated and acting representative for said Director.
ROADWAY
That portion of a street or highway improved, designed or
ordinarily used for vehicular travel, exclusive of the berm or shoulder.
SNOW TIRES
Any tires mounted on drive wheels or 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, except that no tire so defined 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 or HIGHWAY
The entire width between the boundary lines or every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
TIRE CHAINS
Any metal chains mounted on drive wheel tires of motor vehicles
which cross the tread of each such tire laterally in at least three
(3) different places.
[R.O. 2009 §22-252; Ord. No. 784 §1, 11-10-1992]
A. Whenever
the Director finds, 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 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 Director shall put into effect a parking
prohibition on all roadways 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 Director in accordance with
this Article, 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 the prohibition
is in effect, no person shall park or allow to remain parked any vehicle
on any portion of a roadway 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 provision of law.
[R.O. 2009 §22-253; Ord. No. 784 §1, 11-10-1992]
Whenever the Director finds, on the basis of falling snow, sleet,
freezing rain or on the basis of a forecast by the U.S. Weather Bureau
or other weather service of snow, sleet or freezing rain, that weather
conditions will make it necessary that motor traffic be expedited
and that parking on City streets be prohibited or restricted for snow
plowing and other purposes, the Director shall put into effect a parking
prohibition on parts of or all secondary streets as necessary by declaring
it in a manner prescribed by this Article. The prohibition shall remain
in effect until terminated by announcement of the Director in accordance
with this Article, except that any street area which has become substantially
clear of snow and ice from curb to median line for the length of the
entire block shall be automatically excluded therefrom.
[R.O. 2009 §22-256; Ord. No. 784 §1, 11-10-1992]
A. The
Director shall cause each declaration made by said Director pursuant
to this Article to be publicly announced by means of broadcasts or
telecasts from a station with a normal operating range covering the
City and said Director may cause such declaration to be further announced
in newspapers of general circulation when feasible. Each announcement
shall describe the action taken by the Director, including the time
it became or will become effective, and shall specify the streets
or areas affected.
B. The
Director shall make or cause to be made a record of each time and
date when any declaration is announced by the public in accordance
with this Section.
[R.O. 2009 §22-257; Ord. No. 784 §1, 11-10-1992]
Whenever the Director shall find that some or all of the conditions
which give rise to a parking prohibition in effect pursuant to this
Article no longer exist, said Director may declare the prohibition
terminated, in whole or in part, in a manner prescribed by this Article,
effective immediately upon announcement.
[R.O. 2009 §22-258; Ord. No. 784 §1, 11-10-1992]
Any provision of this Article which becomes effective by declaration
of the Director 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.
[R.O. 2009 §22-262; Ord. No. 784 §1, 11-10-1992]
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 of such vehicle, shall constitute prima facie evidence
that the defendant was the person who parked or left the vehicle in
violation of this Article.