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DIVISION 1. Generally
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[Ord. No. 577, 1-26-1982; Ord. No. 684, 10-28-1986; Ord. No. 700, § 4, 8-11-1987]
(a)
It shall be unlawful for any person to park or leave standing on
any public street or highway in the City, any vehicle for a period
longer than 48 hours consecutively, provided, however, that this section
shall not include any area where a shorter time is provided for parking,
nor shall this section be construed to permit parking for a longer
time than is provided in such areas.
(b)
It shall be unlawful for any person to park or leave standing on
any parking lot owned, controlled or operated by the City any automobile,
truck or other motor vehicle or other property for a period of more
than 24 hours consecutively.
[Ord. No. 577, 1-26-1982]
(a)
Whenever a vehicle is lawfully parked upon a street or highway during
the hours between 1/2 hour after sunset and 1/2 hour before sunrise
and in the event there is sufficient light to reveal any person or
object within a distance of 500 feet upon such street or highway no
lights need be displayed upon such parked vehicle.
(b)
Whenever a vehicle is parked or stopped upon a roadway or shoulder
adjacent thereto, whether attended or unattended, during the hours
between 1/2 hour after sunset and 1/2 hour before sunrise and there
is not sufficient light to reveal any person or object within a distance
of 1,000 feet upon such highway, such vehicle so parked or stopped
shall be equipped with one or more lamps meeting the following requirements:
At least one lamp shall display a white or amber light visible from
a distance of 1,000 feet to the front of the vehicle, and the same
lamp or at least one other lamp shall display a red light visible
from a distance of 1,000 feet to the rear of the vehicle, and the
location of said lamp or lamps shall always be such that at least
one lamp or combination of lamps meeting the requirements of this
section is installed as near as practicable to the side of the vehicle
which is closest to passing traffic.
[Ord. No. 577, 1-26-1982; Ord. No. 942, § 2, 11-22-2011]
Whenever by any provisions of this Code or other ordinance of the City any parking time limit is imposed or parking is prohibited on designated streets it shall be the duty of the director of public works to erect appropriate signs giving notice thereof and no such regulations shall be effective unless the signs are erected and in place at the time of any alleged offense, provided, however, that signing shall not be required throughout the City for the odd-even parking restrictions contained in § 10-298, the truck route parking prohibitions under § 10-273, nor shall signing be required for the forty-eight-hour parking limitation contained in § 10-264.
[Ord. No. 577, 1-26-1982]
(a)
The owner, driver, or any other person having under his control or
charge, any motor vehicle, of any kind whatever, shall not cause,
permit or allow such vehicle, or trailer, to stand, remain or be parked
in any one place between the hours of 2:00 a.m. and 6:00 a.m., upon
the following avenues on Tuesday, Thursday, and Saturday in the City
of Williston:
On Second Avenue East from First Street to Fourth Street;
On First Avenue East from Front Street to Sixth Street;
On Main Street from Front Street to Seventh Street;
On First Avenue West from First Street to Fifth Street;
On Washington Avenue from First Street to Fourth Street;
On Second Avenue West from Broadway to Second Street.
(b)
The owner, driver, or any other person having under his control or
charge, any motor vehicle, of any kind whatever, shall not cause,
permit or allow such vehicle, or trailer, to stand, remain or be parked
in any one place between the hours of 2:00 a.m. and 6:00 a.m., upon
the following streets on Monday, Wednesday and Friday in the City
of Williston.
On Front Street from Second Avenue to Main Street;
On First Street from Second Avenue East to Washington Avenue;
On Second Street from Second Avenue East to Gate Avenue;
On Broadway from University Avenue to Second Avenue West;
On Fourth Street from Second Avenue East to Second Avenue West;
On Fifth Street from First Avenue East to First Avenue West.
Any vehicle or trailer parked in violation of this ordinance
is hereby declared to be a public nuisance and may be impounded by
the police department.
[Ord. No. 577, 1-26-1982]
When signs are erected giving notice thereof, it shall be unlawful
for any person to park or leave standing, either attended or unattended,
any motor vehicle in such areas.
[Ord. No. 577, 1-26-1982]
No person shall park a vehicle upon any roadway for the principal
purpose of:
[Ord. No. 577, 1-26-1982]
(a)
The director of public works, the chief of police, or other person
designated by the governing body is hereby authorized to determine
and designate by proper signs places 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 in this section, no person shall stop, stand or park
a vehicle in any such designated place.
[Ord. No. 577, 1-26-1982]
(a)
The director of public works, the chief of police, or other person
designated by the governing body is authorized to erect signs indicating
no parking upon any street, avenue or public thoroughfare when the
width of the roadway does not exceed 20 feet, or upon one side of
a street as indicated by such signs when the width of the roadway
does not exceed 30 feet. In addition, the director of public works,
the chief of police, or other person designated by the governing body
is hereby authorized to post signs indicating no parking upon any
street, avenue or public thoroughfare when the width of the roadway
has been reduced by virtue of the piling of snow thereon during snow
removal operations of the City, to a width of less than 25 feet of
usable driving lanes by virtue of embankments of snow on either or
both sides of the thoroughfare; signs required in any of the situations
referred to in this section shall need to state only the words "No
Parking."
(b)
When official signs prohibiting parking are erected upon narrow streets
as authorized in this section, no person shall park a vehicle upon
any such street in violation of any such sign.
[Ord. No. 577, 1-26-1982]
No person shall park a vehicle within an alley nor shall be
stop a commercial vehicle so as to leave available less than 12 feet
of the width thereof for free movement of vehicular traffic, nor shall
be stop in such a position as to block the driveway entrance to any
abutting property.
[Ord. No. 577, 1-26-1982; Ord. No. 942, § 2, 11-22-2011]
It shall be unlawful for any truck, trailer, semitrailer, or commercial vehicle to be parked or left standing on any public street not specified as part of the truck route for a period longer than the time necessary for loading or unloading of cargo as provided in § 10-289. Further, the restrictions shall not apply to any truck in use on any repair, maintenance, or construction project in progress on any such street or any such truck used in the process of moving. Except as otherwise allowed by permit issued by the City Engineer's office, in no case shall any semi-truck trailer be parked on any public street while the semi-truck trailer is disconnected from the tractor.
[Ord. No. 577, 1-26-1982; Ord. No. 917, § 1, 3-24-2009]
(a)
It shall be unlawful for any person to park or leave standing on
any public street or alley of the City a trailer, unless the trailer
is attached to the tractor or other vehicle suitable for towing it.
For the purpose of this section, trailer shall mean any non-self-propelled
vehicle or wheeled vehicle, including but not limited to semi-trailers,
boat trailers, snowmobile trailers, pulltype campers, and house trailers.
(b)
It is unlawful for any person to park or lever standing any boat,
bumper pull travel trailer, fifth wheel trailer, pull type camper,
motor home, house car, bus, mini motor home or trailer on the public
right-of-way in any residentially zoned area from December 1 to March
31. Any person violating this section is subject to a fine of $20
per each day of violation. A boat, bumper pull travel trailer, fifth
wheel trailer, pull type camper, motor home, house car, bus, mini-motor
home, or trailer parked or left standing in violation of this section
for a consecutive period longer than 48 hours shall be considered
abandoned.
[Ord. No. 577, 1-26-1982]
(a)
No person shall stop, stand or park a vehicle, except when necessary
to avoid conflict with other traffic or in compliance with law or
the directions of a police officer or traffic-control device, in any
of the following places:
(1)
On a sidewalk;
(2)
In front of a public or private driveway;
(3)
Within an intersection;
(4)
Within 10 feet of a fire hydrant;
(5)
On a crosswalk;
(6)
Within 10 feet of a crosswalk at an intersection;
(7)
Within 15 feet upon the approach to any flashing beacon, stop
sign or traffic-control signal located at the side of a roadway;
(8)
Between a safety zone and the adjacent curb or within 15 feet
of points on the curb immediately opposite the ends of a safety zone,
unless the state highway department or the City indicates a different
length by signs or markings;
(9)
Within 15 feet of the nearest rail of a railroad crossing;
(10)
Within 20 feet of the driveway entrance to any fire station
and on the side of a street opposite the entrance to any fire station
within 75 feet of said entrance when properly signposted;
(11)
Alongside or opposite any street excavation or obstruction when
stopping, standing or parking would obstruct traffic;
(12)
On the roadway side of any vehicle stopped or parked at edge
or curb of a street;
(13)
Upon any bridge or other elevated structure upon a highway or
within a highway tunnel;
(14)
At any place where official signs prohibit stopping; or
(15)
On the boulevard, except the portion of the boulevard improved
for driveway use.
(b)
No person shall move a vehicle not lawfully under his control into
any such prohibited area or away from a curb such distance as is unlawful.
[Ord. No. 577, 1-26-1982]
Except as otherwise provided in sections 10-277 to 10-280, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels of such vehicle parallel to and within 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder.
[Ord. No. 577, 1-26-1982]
(a)
Except where otherwise provided by ordinance, every vehicle stopped
or parked upon a one-way roadway shall be so stopped or parked parallel
to the curb or edge of the roadway, in the direction of authorized
traffic movement, with its right-hand wheels within 12 inches of the
right-hand curb or as close as practicable to the right edge of the
right-hand shoulder, or with its left-hand wheels within 12 inches
of the left-hand curb or as close as practicable to the left edge
of the left-hand shoulder.
(b)
The director of public works, the chief of police, or other person
designated by the governing body may 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.
[Ord. No. 577, 1-26-1982]
The state highway department with respect to highways under
its jurisdiction may place official traffic-control devices prohibiting
or restricting the stopping, standing or parking of vehicles on any
highway where in its opinion such stopping, standing or parking is
dangerous to those using the highway or where the stopping, standing
or parking of vehicles would unduly interfere with the free movement
of traffic thereon. No person shall stop, stand or park any vehicle
in violation of the restrictions indicated by such devices.
[Ord. No. 577, 1-26-1982]
In the event a highway includes two or more separate roadways
and traffic is restricted to one 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 director of public works, the chief of police, or
other person designated by the governing body 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.
[Ord. No. 577, 1-26-1982]
(a)
Authority of City. The City may permit angle parking on any roadway,
except that angle parking shall not be permitted on any federal-aid
or state highway.
(b)
Marking of streets. The director of public works, the chief of police,
or other person designated by the governing body shall mark or sign
streets upon which angle parking will be permitted.
(c)
Compliance with marking. Upon those streets which have been signed
or marked for angle parking, no person shall park or stand a vehicle
other than at the angle to the curb or edge of the roadway indicated
by such signs or markings.
(d)
Streets designated. Angle parking shall be permitted on the following
streets: None.
[Ord. No. 577, 1-26-1982]
Upon any highway outside of a business or residence district
no person shall stop, park or leave standing any vehicle, whether
attended or unattended, upon the paved or main-traveled part of the
highway when it is practicable to stop, park or so leave such vehicle
off such part of said highway, but in every event an unobstructed
width of the highway of not less than 12 feet opposite a standing
vehicle shall be left for the free passage of other vehicles and a
clear view of such stopped vehicles shall be available from a distance
of 200 feet in each direction upon such highway.
[Ord. No. 577, 1-26-1982]
[Ord. No. 577, 1-26-1982]
(a)
Privilege. Any physically handicapped person who displays prominently upon an automobile parked by him or under his direction and for his use, the distinguishing certificate or insignia specified in § 10-283(c) shall be entitled to courtesy in the parking of such automobile. Provided, however, that the City may, by ordinance, prohibit parking on any street or highway for the purpose of creating a fire lane, or to provide for the accommodation of heavy traffic during morning and afternoon rush hours, and the privileges extended to such handicapped persons shall not apply on streets or highways where and during such times as parking is prohibited.
(b)
Definition. "Physically handicapped," as used in this division, shall
include any person who has sustained an amputation or material disability
of either or both legs, or who has been otherwise disabled in any
manner rendering it difficult and burdensome for him to walk.
(c)
Certificate. The motor vehicle registrar shall issue without charge a special identifying certificate or insignia for a marked motor vehicle to any physically handicapped applicant upon submission by the applicant of a certificate issued by a qualified physician to the motor vehicle registrar that he is a physically handicapped person within the meaning of § 10-283(b). The motor vehicle registrar shall determine the form and size of the certificate or insignia and shall promulgate rules and regulations governing the issuance thereof.
(d)
Violations. If the police of this City shall find that such certificate
or insignia is being improperly used, they shall report to the motor
vehicle registrar any such violation, and the motor vehicle registrar
may, in his discretion, remove the privilege. Any person who is not
physically handicapped and who exercises the privileges granted a
physically handicapped person under this section shall be guilty of
an infraction.
(e)
Marking of parking spaces. Whenever any public or private agency
or authority designates parking spaces for use by motor vehicles operated
by physically handicapped persons, those reserved spaces shall be
indicated by blue paint on the curb or edge of the paved portion of
the street or parking lot adjacent to the space. In addition to blue
paint, the space reserved shall also be indicated by signs or other
suitable means. The law enforcement agency of the City may enforce
the provisions of this section in any parking lot or parking facility
that is generally open to the public, whether publicly or privately
owned.
[Ord. No. 577, 1-26-1982]
When signs are erected giving notice thereof, no person shall
park or leave standing, either attended or unattended, any motor vehicle
for more than five consecutive minutes on street areas so posted or
for more than 10 consecutive minutes on street areas so posted, or
more than 30 consecutive minutes on street areas so posted, or for
more than 120 consecutive minutes on street areas so posted, when
said areas have been made available for parking.
[Ord. No. 577, 1-26-1982]
The director of public works, the chief of police, or other
person designated by the governing body shall establish time limit
parking zones from time to time in such places and in such manner
as he shall determine, or as the Board of City Commissioners shall
specifically designate to promote the greatest benefit and convenience
to the public and the best use of the street areas.
[Ord. No. 577, 1-26-1982]
The director of public works, the chief of police, or other
person designated by the governing body is authorized to erect signs
indicating no parking upon either or both sides of any street adjacent
to any school property when such parking would, in his opinion, interfere
with traffic or create a hazardous situation. When official signs
are erected indicating no parking upon either side of a street adjacent
to any school property as authorized herein, no person shall park
a vehicle in any such designated place.
[Ord. No. 577, 1-26-1982]
No person shall, when signs are erected giving notice thereof,
park or leave standing, either attended or unattended, any motor vehicle
on street areas which are reserved for the following temporary uses:
Loading and unloading, bus parking, guest parking, taxi parking, emergency
parking, no parking, police or fire use.
[Ord. No. 577, 1-26-1982]
The director of public works, the chief of police, or other
person designated by the governing body shall establish from time
to time areas for loading and unloading, bus parking, guest parking,
taxi parking, emergency parking, no parking, police and fire use on
such public streets in such places and in such number as such official
or person shall determine or as the Board of City Commissioners may
specifically designate to be of greatest benefit and convenience to
the public and to promote the best use of the streets for traffic
to pedestrians and designate the same by appropriate signs.
[Ord. No. 577, 1-26-1982]
(a)
A vehicle may be allowed to double park for the purpose of loading
or discharging passengers or for unloading freight when there is no
alley reasonably available for such purpose and no other curb side
parking space available and the freight to be unloaded is of a heavy
or bulky nature, but only for such length of time as is absolutely
necessary for such loading and unloading and conclusion of that business
transaction, except that in the central business district no merchandise
or freight pickups or deliveries whatsoever shall be made from double-parked
vehicles between the hours of 4:30 p.m. and 6:00 p.m. and 11:30 a.m.
to 1:30 p.m. on any day except Sundays and legal holidays and no vehicle
shall double park for such purposes between such hours.
(b)
Any person owning, driving, operating or having under his control
any vehicle shall not permit the same to stand or be parked in any
alley, except while loading or unloading freight or merchandise. If
any vehicle is left parked or standing in any alley during such loading
or unloading operations it shall be located so that it does not block
the alley if space permits and shall be located as close to the edge
of the alley as possible.
(c)
It shall be unlawful for any person, firm or corporation to drive
or permit to be driven any semi-trailer or truck having more than
two axles by backing the vehicle into a curb unless such person, firm
or corporation shall provide a person or arrange with some person,
in addition to the driver, to act as flagman during all operations.
Such flagman shall station himself in a position so that he can warn
both pedestrians and moving traffic so that the driver can back the
vehicle in a safe manner.
(d)
If any person owning or having under his control a vehicle used for
the loading or unloading of freight or merchandise is unable to carry
out reasonable deliveries of such freight or merchandise to a particular
business establishment or customer and be in compliance with the provisions
of this section and all other applicable traffic ordinances of the
City, he may apply to the chief of police for a temporary permit allowing
deliveries to be made in accordance with written criteria prepared
by the chief of police or his designee. Whether such temporary permit
is granted will be in the discretion of the chief of police.
(e)
It shall be unlawful for any person, firm or corporation to block
any sidewalk in its entirety during the loading or unloading of freight
or merchandise so as to preclude safe pedestrian passage along the
sidewalk.
(f)
For each violation of the provisions of this section there shall
be imposed a fine of up to $100.
[Ord. No. 577, 1-26-1982]
(a)
No person shall stop, stand, or park a vehicle for any purpose or
period of time other than for the expeditious loading or unloading
of passengers in any place marked as a passenger curb loading zone
during the hours when the regulations applicable to such curb loading
zone are effective, and then only for a period not to exceed five
minutes, except in a hospital loading and unloading zone.
(b)
No person shall stop, stand, or park a vehicle for any purpose or
period of time other than for the expeditious loading, or unloading
and transfer of persons or patients in any place marked as a hospital
passenger curb loading zone during the hours when the regulations
are applicable to such curb loading zone designated as a hospital
loading zone and then only for a period not to exceed 15 minutes.
[Ord. No. 577, 1-26-1982]
Whenever any police officer finds a vehicle standing upon a highway in violation of any of the provisions of § 10-281, such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the paved or main-traveled part of such highway.
[Ord. No. 577, 1-26-1982]
Whenever any police officer finds a vehicle unattended upon
any highway, bridge or causeway, or in any tunnel where such vehicle
constitutes an obstruction to traffic, such officer is hereby authorized
to provide for the removal of such vehicle to the nearest garage or
other place of safety.
[Ord. No. 577, 1-26-1982]
Any police officer is hereby authorized to remove or cause to
be removed to the nearest garage or other place of safety any vehicle
found upon a highway when:
(a)
A report has been made that such vehicle has been stolen or taken
without the consent of its owner;
(b)
The person or persons in charge of such vehicle are unable to provide
for its custody or removal; or
(c)
When the person driving or in control of such vehicle is arrested
for an alleged offense for which the officer is required by law to
take the person arrested before a proper magistrate without unnecessary
delay.
[Ord. No. 577, 1-26-1982]
(a)
It shall be unlawful and is declared a nuisance to trespass upon,
drive or park a motor vehicle, trailer, or vehicle of any kind, upon
private property within the City limits, where there is displayed
upon the property a sign "Private Property — No Parking" without
first having obtained permission in writing from the owner or lessee
of the private property.
(b)
Upon a complaint being filed with the municipal judge it shall be
lawful for the police department to proceed to abate the nuisance,
described above, in accordance with the allegations of the complaint,
by impounding the vehicle and causing the same to be removed to a
place of safekeeping. The vehicle shall be kept impounded until the
owner has paid the full cost of the removal and impounding and the
costs which may be assessed against the owner or operator in conjunction
with the issuance of the complaint and legal proceedings to the municipal
judge.
(c)
It shall be the duty of the municipal judge to recover the full cost
of all towing and impounding charges from the owner or operator of
the vehicle prior to issuing an order to release the impounded vehicle.
(d)
Where the person charged by the complainant is found not guilty,
the complaint is withdrawn, or the complainant does not appear at
the appointed trial time to give testimony, or the cause of action
is dismissed as being without sufficient grounds to proceed to trial,
the full cost of towing and impounding the vehicle shall be taxed
against the complainant as costs of the proceedings. Failure of the
complainant to pay the costs shall be deemed an offense.
[Ord. No. 577, 1-26-1982]
No person, other than a police officer shall alter, remove,
or in any way interfere with chalk or other marks placed on a motor
vehicle by police officers or a car marker, in enforcing parking controls.
[Ord. No. 577, 1-26-1982]
When said five minutes, 10 minutes, 30 minutes, 60 minutes,
or 120 minutes, as the case may be, shall have elapsed and said vehicle
shall not have been moved for a distance of more than one block, said
vehicle shall be construed to have remained stationary, and each such
additional or succeeding five minutes, 10 minutes, 30 minutes, 60
minutes, or 120 minutes, as the case may be, shall be a separate violation.
[Ord. No. 577, 1-26-1982]
In any prosecution charging a violation of any law or regulation
governing the standing or parking of a vehicle, proof that the particular
vehicle described in the complaint was parked in violation of any
law or regulation, together with proof that the defendant named in
the complaint was at the time of such parking the registered owner
of the vehicle, shall constitute in evidence a prima facie presumption
that the registered owner of the vehicle was the person who parked
or placed the vehicle at the point where, and for the time during
which, the violation occurred.
[Ord. No. 577, 1-26-1982]
(a)
Parking of a vehicle in violation of any provision of this ordinance,
or of any ordinance or rule prohibiting or regulating parking now
in effect or which may later be adopted, is hereby declared to constitute
an obstruction of the streets or designated fire lane, a misdemeanor,
and a public nuisance; and the members of the police department are
hereby empowered to determine if such vehicle is endangering public
health and/or safety, or if such vehicle is found to have overdue
tickets or warrants pending, the members of the police department
shall order such vehicle removed as hereinafter provided in this section.
(b)
If such vehicle is not endangering public health and/or safety, or
if such vehicle is found not to have overdue tickets or warrants pending,
the members shall affix thereto a complaint and notice of a nuisance
and misdemeanor, and order or abatement. Such complaint and notice
shall order the abatement of the nuisance within 24 hours.
The person in possession of or the owner of a vehicle found
to be a nuisance to which a complaint and notice has been affixed
shall, within the 24 hours, abate such nuisance.
Each separate period of time that a vehicle is found to be in
violation of any ordinance or rule prohibiting or regulating parking
shall constitute a separate and distinct nuisance and misdemeanor,
and a separate and distinct complaint and notice shall be affixed
to such vehicle for each such period of time.
(c)
Whenever any vehicle constitutes an obstruction of the streets and
public nuisance, or if such vehicle is found to have overdue tickets
or warrants pending, as provided in paragraph (a) of this section,
the same shall be removed by a police officer and taken by him, or
others acting under his supervision and direction, to a garage or
lot designated, as provided in said paragraph (a). Such vehicle shall
not be released therefrom, except upon payment by the owner to the
person or persons in charge of the garage or lot of the cost of towing,
daily storage, and any other administrative costs incurred by the
City. A receipt for such fee shall be issued to the owner of such
vehicle.
(d)
It shall be the duty of the person or persons in charge of the garage
or lot designated by the chief of police to keep a record of the names
of the owners of all vehicles towed in under the provisions of this
section together with the registration number of each vehicle, and
the nature and circumstances of each violation, and the amount of
fees collected hereunder, and to deliver a report of each day's transactions
to the chief of police not later than one day following the day for
which the report is made.
(e)
When the owner of any towed-in vehicle protests to the person in
charge of the garage or lot against the payment of the fees, provided
for by this section, the person in charge shall, upon payment of the
fees, issue a receipt therefor marked "Paid Under Protest." Thereupon
it shall be the duty of the owner or operator of the garage or lot
to safely keep such fees and report such fact to the chief of police,
who shall forthwith cause a complaint to be filed against the owner
of such vehicle charging him with causing or contributing to the creation
of, or maintenance of, a public nuisance. If, upon trial thereof,
such person shall be found not guilty of this offense, it shall be
the duty of the operator or owner of the garage or lot to refund to
the said person the fees so paid by him under protest.
[Ord. No. 603, 7-27-1982; Ord. No. 617, § 2, 5-10-1983; Ord. No. 660, § I, 12-13-1985]
(a)
A street cleaning program established for the purpose of allowing
street cleaning, snow removal, street repair, forestry maintenance,
and similar work to be performed by the City during certain restricted
hours, is hereby created. No parking shall be allowed in restricted
areas as established by the City of Williston Director of Public Works.
Upon establishing such restricted areas, the director of public works
shall file with the chief of police and the auditor of the City of
Williston a description of such restricted parking areas and shall
also file with the chief of police and the auditor of the City of
Williston a map designating the various parking restricted areas.
(b)
The signing requirements provided in § 10-266 of this code shall not apply to these parking restrictions, provided, however, that because of heavy parking demands within certain areas of the City, these parking restrictions may not apply for the entire time period, and it shall be the duty of the director of public works to designate such parking demand areas and to sign such areas accordingly to prohibit parking for designated periods of time. The director of public works may elect to place signs throughout the City establishing limitations on parking at certain times and days. In the event the director public works elects to post such signs, the restricted parking areas shall not be modified until the appropriate signs indicating the changes have been posted.
(c)
In any prosecution charging a violation of this section, proof that
the particular vehicle described in the complaint was parked in violation
of any law or regulation, together with proof that the defendant named
in the complaint was at the time of such parking the registered owner
of such vehicle, shall constitute in evidence a prima facie presumption
that the registered owner of such vehicle was the person who parked
or placed such vehicle at the point where, and for the time during
which, such violation occurred.
(d)
Vehicles parked in violation of any provision of this section shall
be deemed to constitute an obstruction of the streets and a public
nuisance.
[Ord. No. 679, 9-23-1986; Ord. No. 684, 10-28-1986; Reserved by Ord. No. 700, §§ 1,
3, 8-11-1987]
[Ord. No. 577, 1-26-1982; Ord. No. 617, § 3, 5-10-1983; Ord. No. 675, 8-12-1986; Ord. No.
679, 9-23-1986; Ord. No. 700, § 2, 8-11-1987; Ord. No. 931, 12-14-2010; Ord. No. 942, § 2, 11-22-2011; Ord. No. 1003, 9-9-2014; amended 3-9-2021 by Ord. No. 1123]
The Police Department shall be responsible for enforcement of
parking violations. Vehicles illegally parked shall be cited by the
attachment of a notice to said vehicle which shall inform the owner
or operator thereof that said vehicle has been parked illegally under
one or more of these sections and instructing the owner or operator
to report to the City of Williston Police Headquarters. Said notice
shall also contain the following information:
(a)
Date and hour of violation;
(b)
Make of vehicle;
(c)
License number and state of issuance;
(d)
Location of place of violation; and
(e)
description of the violation. With the exception of violations of § 10-273, the penalty for violation of any of these sections shall be $20. If not paid within 30 days from the date of the violation, the penalty shall increase to $50. The penalty for violation of § 10-273 shall be $100. If a summons is used to compel appearance for a violation of any of these sections, the general penalty provisions of the City of Williston, namely, a fine of up to $1,500, a jail sentence of up to 30 days, or both such fine and jail sentence, shall be applicable, at the discretion of the Municipal Judge.
[Ord. No. 754, 3-24-1992]
No person may start a vehicle which is stopped, standing, or
parked unless and until such movement can be made with reasonable
safety.
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DIVISION 2. Parking Lots
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[Code 1957, § 14.56; Ord. No. 489, § 1, 7-9-1974]
In this division, unless the context of subject matter otherwise
requires:
A mechanical device located upon a municipal parking lot
or adjacent sidewalk in a place regularly designed as a parking meter
zone defined in this section, which device shall record a certain
number of minutes by the use of a clock mechanism determining the
period of time for which parking privileges may be extended to the
person depositing a coin therein.
Includes such off-street municipal parking lots as may from
time to time be established by ordinance.
That portion of a street between the curb lines and the adjacent
property lines.
Includes every device in, upon or by which any person or
property may be transported or drawn upon a public highway, except
devices moved by human power or used exclusively upon stationary rails
or tracks.
[Code 1957, § 14.68; Ord. No. 489, § 9, 7-9-1974]
Any person convicted of violating this division shall, upon
conviction thereof, be punishable by a fine not exceeding $100 or
by imprisonment in jail for a period not exceeding 30 days or by both
such fine and imprisonment.
[Code 1957, § 14.57; Ord. No. 489, § 12, 7-9-1974]
The parking meter zones presently existing and hereby created
are as follows:
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Parking lot No. 1: Lots 18, 19, 20, 21 and 22 of Block 9 of
the original townsite of the City.
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Parking lot No. 2: Lots 23, 24, 25 and 26 of Block 6 of the
original townsite of the City.
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Parking lot No. 3: Lots 20 and 21 of Block 12 of the original
townsite of the City.
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Parking lot No. 4: Lots 1, 2, 3 and 4 of Block 18 of the original
townsite of the City.
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Parking lot No. 5: Lots 7, 8, 9, 10 and 11 of Block 18 of the
original townsite of the City.
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Parking lot No. 6: Lots 13, 14, 15, 16, 17, 18, 19 and 20 in
Block 3, except the east 46 2/3rds feet in lots 13, 14, 15, 16,
17 and 18 in said Block 3 in the original townsite of the City.
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Parking lot No. 7: Lots 1, 2, 3, 4, 5, 6 and 7 of Block 14 of
the original townsite of the City.
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[Code 1957, § 14.58; Ord. No. 489, § 2, 7-9-1974]
The municipal parking lots now or hereafter acquired or established
by the City shall be under the supervision of the Williston Municipal
Parking Authority. The police and fire commissioner and the chief
of police shall be ex officio members of the board of the Williston
Municipal Parking Authority.
[Code 1957, § 14.59; Ord. No. 489, § 5, 7-9-1974]
The Williston Municipal Parking Authority shall have markings
painted or placed upon the municipal parking lots for the purpose
of designating the parking space and the angle at which vehicles are
parked. Each vehicle parking within any parking meter zone shall park
with the front end of the vehicle driven first into the stall within
the line of markings so established. It shall be unlawful for any
person to park any vehicle across any such line or markings or to
park said vehicle in such position that the same shall not be entirely
within the area designated by such lines or markings, or to park vehicles
in driveways leading into or out of said parking lots.
[Code 1957, § 14.60; Ord. No. 489, § 3, 7-9-1974]
The Williston Municipal Parking Authority, with the prior approval
of the Board of City Commissioners, is authorized and directed to
install and maintain on the municipal parking lots such parking places
and parking meters in such numbers and at such places as in its judgment
and discretion may be necessary for the regulation and control of
vehicles on said parking lots. Each parking meter shall be placed
or set in such a manner as to show or display a signal whether or
not the parking place adjacent to such meter is legally in use.
[Code 1957, § 14.61; Ord. No. 489, § 4, 7-9-1974]
It shall be unlawful for any person to park any vehicle or to
permit a vehicle to remain parked, in any parking meter zone for a
period longer than designated on such meter, between the hours designated
thereon, except on Sundays and holidays (the term "holiday" shall
include those days designated as such by N.D.C.C. §§ 1-03-01
and 1-03-02) or to park a vehicle in any zone without paying the fee
designated in this division; or to permit a vehicle to remain parked
longer in any zone than for the period for which the fee was paid;
except on Sundays and holidays.
[Code 1957, § 14.62; Ord. No. 489, § 6, 7-9-1974; Ord. No. 601, 6-8-1982]
Any person desiring to park any vehicle within such parking
meter zone shall deposit no more than the proper coins for the time
desired as follows:
(a)
For parking lot No. 1 (Old Courthouse), $0.10 per hour and $0.50
per eight hours; for parking lot No. 2 (Service Drug), $0.15 per hour;
for parking lot No. 6 (Williston Herald), $0.15 per hour; and parking
lot No. 8 (East of Ivan's Corner Bar), $0.50 per eight hours;
(b)
All other parking meter zones presently existing and created shall
be charged at the existing rates.
[Code 1957, §§ 14.63, 14.64; Ord. No. 489, § 7, 7-9-1974]
(a)
It shall be unlawful for any unauthorized person to open, or for
any person to deface, injure, tamper with or wilfully break, destroy
or impair the usefulness of any parking meter installed or maintained
pursuant to this division, or to hitch any animal thereto.
(b)
It shall be unlawful for any person to deposit any slug, device or
metal or other substitute for a coin in any parking meter.
[Code 1957, § 14.65; Ord. No. 489, § 8, 7-9-1974]
(a)
The police department shall be responsible for enforcement of parking
violations of this division. Vehicles illegally parked shall be cited
by the attachment of a notice on said vehicle, which notice shall
advise the owner or operator thereof that said vehicle has been parked
illegally under this division and instructing the owner or operator
to report to the City police station; said notice shall also contain
the following information:
(b)
The penalty for violation of this division shall be the sum of $1 if the same is paid to the police department within 24 hours after the notice hereinabove referred to is attached to said vehicle. Failure to pay said penalty within said time period shall subject such owner or operator to the penalties provided in § 1-11 of this Code.
[Code 1957, § 14.65]
It shall be the duty of the chief of police and all policemen
of the City, under the direction of the police and fire commissioner,
to keep an account of all violations of this division, and to keep
an account of and report the number of each parking meter which indicates
that the vehicles so occupying the parking place adjacent to such
parking meter is or has been parked in violation of any of the provisions
of this division, the date and hour of such violation, the make and
state license number of such vehicle and any other facts a knowledge
of which is necessary to a thorough understanding of the circumstances
attending such violation.
[Code 1957, § 14.67; Ord. No. 489, § 10, 7-9-1974]
(a)
It is the duty of the Williston Municipal Parking Authority to supervise
the maintenance and operation of all municipal parking lots and to
supervise the collection and accounting of all fees collected under
this division except penalties or fines. To this end the Williston
Municipal Parking Authority is authorized and directed to enter into
such agreements with the department of public works and the police
department as are necessary to effectuate the same.
(b)
All fees collected pursuant to this division shall be delivered by the Williston Municipal Parking Authority or its agents to the City auditor, whose duty it shall be to account for said funds, deposit the same in a special fund, to be known as the "parking lot fund," to disburse said funds only for the purposes set forth in § 10-313 of this division, and to render an annual accounting of receipts and expenditures to the Board of City Commissioners and the Williston Municipal Parking Authority.
[Code 1957, § 14.66; Ord. No. 489, § 11, 7-9-1974]
The fees deposited in the "parking lot fund" are hereby levied
and assessed as a fund for the payment of valid and existing revenue
bonds issued on parking lot special assessment improvement district
warrants according to the terms thereof, costs of operation, maintenance,
enforcement and regulation of said parking lots including without
limitation the cost of painting or otherwise marking said parking
lots, the cost of maintenance and replacement of parking meters and
the cost of collection and enforcement personnel. The special fund
so created shall be denoted exclusively to such purposes.
[Ord. No. 489, § 13, 7-9-1974]
This division shall, whenever possible, be deemed to be in addition
to and not in conflict with existing ordinances.
[Ord. No. 723, 9-12-1989; Ord. No. 751, 3-24-1992; Ord. No. 881, 4-26-2005]
A person may not stop, stand, or park any vehicle in any designated
parking space that is reserved for the mobility-impaired unless the
vehicle displays a mobility-impaired identification certificate issued
by the director to a mobility-impaired person. A mobility-impaired
person may not permit the use of a certificate issued under this section
by a person who is not mobility-impaired when that use is not in connection
with the transport of the mobility-impaired person. The registered
owner of a vehicle may not allow that vehicle to be used in a manner
that violates this section. Proof of intent is not required to prove
a registered owner's violation of this section. The registered owner,
however, may be excused from a violation if the owner provides the
citing authority with the name and address of the person operating
the vehicle at the time of the violation. A vehicle may temporarily
use a space reserved for mobility-impaired persons without a mobility-impaired
certificate for the purpose of loading and unloading mobility-impaired
persons. A violation of this section is a nonmoving violation for
which a fee of $100 must be imposed. Notwithstanding N.D.C.C. §
29-27-02.1, 100% of the fee imposed and collected under this section
is appropriated on a continuing basis to the local committee on persons
with disability for the development of job opportunities for disabled
individuals in the community.
If a law enforcement officer finds that the certificate is being
improperly used, the officer may report to the director any such violation
and the director may, in the director's discretion, remove the privilege.
Any person who is not mobility-impaired and who exercises the privileges
granted a mobility-impaired person under this section is guilty of
an infraction for which a fee of $100 must be imposed.
Any motor vehicle licensed in another state which displays a
special authorized vehicle designation issued by the licensing authority
in that state for vehicles used in the transportation of mobility-impaired
persons must be accorded the same privileges provided in this section
for similar vehicles licensed in this state if the laws of the other
state provide the same privileges to North Dakota motor vehicles displaying
the special identifying certificate authorized in this section.
[Ord. No. 924, 2-23-2010]
(a)
Snow emergency routes. The following streets in the City of Williston
are declared snow emergency routes as follows:
Snow emergency routes are those streets normally traversing
the entire City or a major part of the City and are essential to the
rapid movement of emergency vehicles and normally carry the heaviest
traffic volumes. The following streets or portions of streets in the
City are hereby designated as snow emergency routes:
List Routes and Exhibit Map[1].
The Board of City Commissioners by resolution may designate
and amend streets or portions of streets which shall constitute snow
emergency routes within the City.
[1]
Editor's Note: The routes and Exhibit Map may be found as
an attachment to this chapter.)
(b)
Snow emergency defined. When winter weather conditions exist that
make it necessary for motorized vehicle travel to be expedited such
that parking on snow emergency routes be prohibited for snow plowing
and/or hauling, an emergency condition exists. Whenever the director
of public works or the City Street Commissioner determines that three
inches or more of snow, sleet, or freezing rain has accumulated on
the designated snow emergency routes, and that a public service announcement
to the local media has been issued stating that snow route plowing
will begin, a parking prohibition on said routes shall become necessary.
A parking prohibition under this section shall remain in effect
until such time as the City plows have completed plowing and/or hauling
snow on a particular street designated as a snow emergency route.
It is City policy to start plowing snow emergency routes within 12
hours of a snow event ending that creates the emergency situation.
While the parking prohibition is in effect, no person shall park,
or allow to remain parked, any vehicle or trailer on any portion of
the designated snow emergency route.
Nothing herein contained will be construed to permit parking
at any time or place where it is forbidden by any other ordinance
provision.
(c)
Signs to mark route. Snow emergency routes shall be posted with special
signs with wording "EMERGENCY SNOW ROUTE — NO PARKING IF OVER
THREE INCHES."
(d)
Stalled vehicles. Whenever a vehicle becomes stalled for any reason
on a snow emergency route 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 snow emergency route.
No person shall abandon or leave his vehicle on a snow emergency route
except for the purpose of securing assistance during the actual time
necessary to go to a nearby telephone or nearby garage or gasoline
station or other place of assistance, and return without delay, (one-half
hour maximum allowed).
(e)
Impounding vehicles. Any vehicle stopped on any snow emergency route
in violation of the provisions of this section or on any other street
of the City in violation of this section providing for the completion
of plowing of snow or ice may be impounded by members of the Williston
Police Department and held in accordance with City ordinance or state
law.
(f)
Evidence with respect to vehicles parked or left in violation of
section. In any prosecution with regard to a vehicle parked or left
in place in violation of any provision of this section, proof that
the particular vehicle described in the complaint was parked or left
in violation of a provision of this section, 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 section.
(g)
Effective date. This section shall be in full force and effect from
and after the passage, approval, and publication of the listed streets
when signed as snow emergency routes in accordance with this section.
(h)
Violations — traffic citation — complaint. Whenever any
motor vehicle is found stopped or parked contrary to the provisions
of this section, the owner of such vehicle may be charged with a violation
of this section. Any person violating this section is subject to a
fine of $20 per each day of violation.
