City of California, MO Article V Snow Emergencies [1]

[1] Cross Reference — As to listing of snow routes, see sch. XI of this title.

Section 350.120 Snow Routes Defined and Established.

[Ord. No. 20.027 §1, 2-1-1999]

A. Snow routes shall be streets or portions of streets designated by ordinance. These streets shall receive priority treatment during normal snow operations and/or during a snow emergency. These streets shall be readily identifiable by sign designation.

B. No person shall impede or interfere in any way with a snowplow or other snow removal vehicle or equipment during operation.

C. No person shall stop, stand, park or abandon a vehicle in a manner which obstructs or impedes traffic on a snow route during a snow emergency. Any vehicle obstructing or impeding traffic in violation of this Section, and any vehicle parked in violation of this Article may be removed from the snow route to a service station, garage, or other place of safety, as defined below, and shall be considered an abandoned motor vehicle. The provisions and procedures set forth below shall apply to the further disposition of the vehicle. Streets designated as snow routes may be closed to all traffic as needed to remove snow, or as needed to allow the treatment of the surfaces of melting of ice, etc.

Section 350.130 Snow Routes Shall Also Serve as Emergency Routes — When.

[Ord. No. 20.027 §2, 2-1-1999]

Snow routes shall also serve as emergency routes and will receive priority service for clearing and opening during any disaster or general emergency.

Section 350.140 Snow Emergencies.

[Ord. No. 20.027 §3, 2-1-1999]

A. Whenever the Chief of Police, through information gathered from other City employees or personnel, the Missouri Department of Transportation, the U.S. Weather Service, or any other source of reliable information, or on the basis of falling snow or freezing rain or sleet finds that it will be necessary that motor vehicle traffic be expedited and that parking on all or a portion of some City streets be prohibited, he/she shall have the power to declare a snow emergency.

B. In the event the Chief of Police deems it necessary to declare a snow emergency, it shall be announced and broadcast publicly, if possible, for a period of at least three (3) hours. Absent extraordinary circumstances, no vehicles parked on the snow route shall be considered in violation of the ordinance until at least three (3) hours have elapsed since the original declaration of emergency by the Chief of Police. It is the intent of this Article to provide adequate notice to area residents of the declaration of emergency and to provide reasonable opportunity for the residents to move any parked vehicle from the snow route. Accordingly, a vehicle will not be considered parked, in violation of this Article, if the vehicle is parked on the snow route prior to and at the time of the declaration of emergency, and the original declaration of the snow emergency is made during the hours of 10:30 P.M. and 6:00 A.M. the next morning; subject, however, to the following:

1. All vehicles must be moved by 8:00 A.M. on any date after declaration of the snow emergency and if not moved by that time shall be considered in violation of this Article. The time the snow emergency shall be in effect shall be designated by the Chief of Police and shall be contained and set forth in the declaration, with termination or extension of the original time to be at the discretion of the Chief of Police.

C. Whenever a snow emergency is declared, parking shall be prohibited on a portion of the snow routes designated by ordinance. The signing shall be a regular no parking sign with the addition of the words "Snow Emergency". Parking in such areas shall be restricted only for the duration of the "snow emergency".

Section 350.150 Enforcement.

[Ord. No. 20.027 §4, 2-1-1999]

Any Police Officer or official who has the authority to issue tickets for parking violations shall have the authority to issue tickets, citations and summons for violations of this Article.

Section 350.160 Minimum Penalty and Towing Costs.

[Ord. No. 20.027 §5, 2-1-1999]

A. Any Police Officer may have any abandoned or disabled motor vehicle towed away and stored by any service station or garage licensed to do business in the City, or towed away and stored in such other location as the Chief of Police has deemed appropriate and believes to be a safe location for the storage of the vehicle. If the vehicle is unclaimed after a period of seventy-two (72) hours, the vehicle may be stored outside the corporate limits by the service station or garage; provided, that the storage areas are within a reasonable distance of the City and the vehicle is accessible for reclaim during normal business hours. A report showing the location of the stored vehicle shall be filed, by the Police Officer who authorized its removal, with the Chief of Police, who shall notify the owner or any holder of a security interest appearing on the title of such vehicle of the location of the vehicle, and instructions for redeeming the vehicle, by certified mail. The owner of any vehicle in this City under the provisions of this Section or the holder of a security interest in the vehicle, which interest is in default, may reclaim such vehicle from the service station or garage upon proof of ownership or valid security interest which is in default and full payment of all charges for the towing and storage of the vehicle. If the owner or lienholder believe the vehicle was improperly towed, they shall have the right to request an informal hearing before the Chief of Police. If they are dissatisfied with the results of the hearing, they may seek review before the Municipal Court. Any review by the Municipal Court shall be consolidated with the hearing on any citation issued related to the towing incident.

B. The owner of the service station or garage towing and storing a vehicle under the provisions of this Section may sell the vehicle for salvage or the vehicle may be sold at public auction if it remains unclaimed for thirty (30) days. Notice of the sale of a motor vehicle at public auction shall be posted for at least twenty (20) days prior to the sale, at the service station or storage area where the vehicle is located, on the bulletin board in the municipal building (City Hall) and at the County Courthouse. The notice shall include any identifying marks or numbers, the date and place where the vehicle was found, the time and place of the public auction and any accrued charges against the vehicle, including per diem charges. When any vehicle is sold for salvage or is sold at public auction, the service station or garage shall immediately notify the Chief of Police and the City Clerk, in writing, of the sale of said vehicle. The proceeds of the sale shall be first used to pay the cost of the sale, all towing and storage costs accrued against the vehicle, then to any fine and or court costs resulting from any citation issued related to the towing incident, and the balance, if any shall be paid into the General Revenue Fund of the City unless otherwise stipulated in a contract with a service station or garage providing towing and storing services for the City.

C. Any person or entity who violates any provision of this Article shall be guilty of a municipal ordinance violation and assessed a fine of at least twenty-five dollars ($25.00), and such fine shall not exceed the maximum fine permitted to be charged by the City of California, Missouri, for municipal ordinance violations, and said person or entity shall be assessed the applicable costs of towing and storage, all as set forth above, which shall be in addition to the regular court costs.