[Amended by Ord. No. 85-15]
A.
Except as otherwise provided, every vehicle stopped
or parked upon a roadway where there are adjacent curbs shall be so
stopped or parked with the right-hand wheels (or left-hand wheels
on one-way streets) of such vehicle within 18 inches of the adjacent
curb.
B.
Parking of vehicles with the left-hand wheels adjacent
to and within 18 inches of the left-hand curb shall also be permitted
on one-way roadways; provided that the roadway is not obstructed thereby.
When local authorities have designated through
streets or through highways and have erected stop signs or yield signs
at specified entrances thereto or have designated an intersection
as a stop intersection or as a yield intersection and have erected
like signs at one or more entrances to such intersection, except when
directed to proceed by a police officer or traffic control signal,
every driver of a vehicle approaching a stop intersection indicated
by a stop sign shall stop before entering the crosswalk on the near
side of the intersection or, in the event there is no crosswalk, shall
stop at a clearly marked stop line, but if none, at the point nearest
the intersecting roadway where the driver has a view of approaching
traffic on the intersecting roadway before entering the intersection.
The driver of a vehicle approaching a yield sign, if required for
safety to stop, shall stop before entering the crosswalk on the near
side of the intersection, or in the event there is no crosswalk, at
a clearly marked stop line, but if none, at the point nearest the
intersecting roadway where the driver has a view of approaching traffic
on the intersecting roadway.
[Amended by Ord. No. 81-84]
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)
Upon any bridge or other elevated structure upon a
street or within a street tunnel.
(5)
At any place where official signs prohibit stopping.
(6)
Within 20 feet of a fire hydrant.
(7)
A designated fire lane or emergency vehicle lane.
Whenever a police officer finds a vehicle unattended in a designated
fire lane or emergency vehicle lane, the officer is authorized to
provide for the removal of such vehicle.
[Added 11-6-2007 by Ord. No. 07-13]
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.
A.
Upon any street 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 street when it is practicable to stop, park or so leave such
vehicle off such part of such street, but in every event an unobstructed
width of the street opposite a standing vehicle shall be left for
the free passage of other vehicles, and a clear view of such stopped
vehicle shall be available for a distance of 200 feet in each direction
upon such street.
B.
This section shall not apply to the driver of any
vehicle which is disabled while on the paved or main traveled portion
of a street in such manner and to such extent that it is impossible
to avoid stopping and temporarily leaving such disabled vehicle in
such position.
C.
Whenever any peace officer finds a vehicle standing
upon a highway in violation of any of the provisions of this section,
such officer is 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 street.
D.
Whenever any peace officer finds a vehicle unattended
where such vehicle constitutes an obstruction to traffic, such officer
is authorized to provide for the removal of such vehicle to the nearest
garage or other place of safety.
No person driving or in charge of a motor vehicle
shall permit it to stand unattended without first stopping the engine,
locking the ignition, removing the key and effectively setting the
brake thereon and, when standing upon any grade, turning the front
wheels to the curb or side of the highway.
A.
Whenever any person driving a vehicle approaches a
railroad grade crossing under any of the circumstances stated in this
section, the driver of such vehicle shall stop within fifty feet but
not less than fifteen feet from the nearest rail of such railroad
and shall not proceed until he can do so safely. The foregoing requirements
shall apply when:
(1)
A clearly visible electric or mechanical signal device
gives warning of the immediate approach of a railroad train.
(2)
A crossing gate is lowered or a flagman gives or continues
to give a signal of the approach or passage of a railroad train.
(3)
A railroad train approaching within approximately
one thousand, five hundred feet of the street crossing emits a signal
audible from such distance, and such railroad train, by reason of
its speed or nearness to such crossing, is an immediate hazard.
(4)
An approaching railroad train is plainly visible and
is in hazardous proximity to such crossing.
B.
No person shall drive any vehicle through, around
or under any crossing gate or barrier at a railroad crossing while
such gate or barrier is closed or is being opened or closed.
When local authorities, with the approval of
the superintendent of the state highway department, have designated
particularly dangerous street grade crossings of railroads and have
erected stop signs thereat, the driver of any vehicle shall stop within
fifty feet but not less than fifteen feet from the nearest rail of
such railroad and shall proceed only upon exercising due care.
[Amended by Ord. No. 81-57]
A.
No person shall park or place in the streets or alleys
any vehicles or other thing obstructing or tending to obstruct the
free use of the streets and alleys, nor shall the owner, proprietor
or occupant of any premises within the City permit or allow the streets
and alleys abutting his property to be obstructed. In case the owner
of any unoccupied premises shall be a nonresident of the City or absent
from the City, any resident agent who shall have charge of such premises
shall comply with the requirements of this section.
B.
It shall be unlawful for any operator to stop, stand
or park and leave unattended any vehicle in such a manner or under
such conditions as to leave available less than twenty feet of the
width of the roadway for free movement of vehicular traffic; except,
that this provision shall not apply to a necessary stop in obedience
to traffic regulations or traffic signs or signals of a police officer.
C.
Every person convicted under this section shall be
punished by a minimum fine of fifty dollars.
It shall be unlawful for the operator of a vehicle
to stop or park such vehicle in any of the following places except
temporarily for the purpose of and while actually engaged in loading
or unloading passengers, and in no case shall such vehicle be left
even momentarily unattended:
A.
In front of a private driveway.
A.
It shall be unlawful for the operator of a vehicle
to stop, stand or park such vehicle for a period of time longer than
is necessary for the actual loading or unloading of passengers in
any place marked as a passenger zone.
B.
It shall be unlawful for the operator of a vehicle
to stop, stand or park such vehicle for a period of time longer than
is necessary for the actual loading or unloading of passengers or
for the loading and delivery or pick-up and loading of materials in
any place marked as a loading zone.
C.
The chief of police shall have authority to determine
the location of passenger zones and loading zones, as described in
this section, and shall erect and maintain appropriate signs indicating
the same.
It shall be unlawful for the operator of any
bus, taxicab, hackney or dray to stand or park upon any street in
any business district at any place other than at a bus stop, taxicab
stand, hackney or dray stand, respectively; except, that this section
shall not prevent the operator of any such vehicle from temporarily
stopping in accordance with other parking regulations at any place
for the purpose of and while actually engaged in loading or unloading
passengers.
It shall be unlawful for any person to park
any vehicle for a continuous period of more than thirty-six hours
on a street within the City in front of the property belonging to
or occupied by another person, without the express consent of such
owner or occupant.
[Added by Ord. No. 98-2]
A.
It is unlawful for any person to store or park a travel
trailer, tent trailer, boat, boat trailer, snow vehicle, snow vehicle
trailer, ATV trailer, cycle trailer, utility trailer, horse trailer,
pickup camper, or similar type vehicle on a City street or alley for
a period exceeding five consecutive days. Moving such a vehicle from
one location to another on a City street or alley or from one City
street or alley to another shall not excuse a violation of this section
and shall not toll the five-day limit.
B.
Provided, however, a person shall not be in violation
of this section if the person removes the vehicle from the City streets
or alleys within twenty-four hours after notice of the violation has
been posted or attached to the vehicle.
Except when necessary in obedience to traffic
regulations or traffic signs or signals, the operator of a vehicle
shall not stop, stand or park such vehicle in a roadway other than
parallel to the edge of the roadway, headed in the direction of traffic
and with the curb-side wheels of the vehicle within eighteen inches
of the edge of the roadway and within the area designated by the markings
on the roadway, except as provided in the following subsections:
A.
Upon those streets which have been marked or signed
for angle parking, vehicles shall be parked at the angle to the curb
indicated by such marks or signs.
B.
The chief of police is hereby authorized to issue
to any owner of a vehicle used to transport merchandise or materials
a special permit, renewable annually and stating therein the terms
and conditions thereof, allowing the operator of such vehicle the
privilege of loading or unloading while the vehicle is backed against
the curb, if, in the opinion of the City council, such privilege is
reasonably necessary in the conduct of the owner's business and will
not seriously interfere with traffic. In places where and at hours
when stopping for the loading or unloading of merchandise or materials
is permitted, vehicles used for the transportation of merchandise
or materials may back against the curb to take on or discharge loads,
when the owner of such vehicle holds a permit granting him such special
privilege. Such permits shall be either in the possession of the operator
or on the vehicle at the time such vehicle is backed against the curb
to take on or discharge a load, and it shall be unlawful for any owner
or operator to violate any of the special terms or conditions of any
such special permit.
C.
On a street where there is a perceptible grade, a
vehicle, when stopped or left unattended, shall have a front wheel
or a rear wheel turned at an angle against a curb.
[Added by Ord. No. 01-15]
A.
Upon those streets which have been marked or signed
for angle parking, vehicles shall be parked at the angle to the curb
indicated by such marks or signs.
B.
No person shall back a vehicle into any area designated
for angle parking. This subsection shall not apply to a person who
has backed into a designated angle parking space while loading or
unloading materials, equipment, furniture or like items from the vehicle.
[Amended by Ord. No. 01-12]
A.
Semi-trailers and trailers having three or more axles
are prohibited from parking in all residential zoning districts of
the City.
B.
Truck tractors, trucks of two ton capacity and larger
and trucks having three or more axles are prohibited from parking
in all residential zoning districts of the City unless the vehicle
is parked on the driveway or other similarly improved property of
the owner or operator, and the vehicle is not left running or operating
to thereby produce noise or emissions while parked.
C.
This section shall not prohibit the parking of said
vehicles owned or operated by the City, other governmental entities,
public utilities, contractors, or materialmen or delivery trucks while
making deliveries or while engaged in the repair, maintenance or construction
of streets, street improvements, utilities, or other governmental
functions within the City.
It shall be unlawful for any person to park
his automobile for sale or storage on any public street, unless otherwise
authorized by the City council.
[Amended by Ord. No. 81-41]
Every person convicted of violating any of the
provisions of this article for which another penalty is not provided
shall be punished by a fine of not more than seven hundred fifty dollars.
It shall be the duty of every police officer,
upon finding a vehicle parked in violation of any of the provisions
of this article, to forthwith issue and affix to or deposit in such
vehicle a parking ticket, giving notice to the owner or operator of
such vehicle of the parking violation. Such parking ticket shall contain
the following:
A.
Name of owner or operator, if known, and if not known,
notice shall be directed to the "owner or operator."
B.
Make and license number of the offending vehicle.
C.
A description of the violation by reference to the
section of this article alleged to have been violated.
D.
Date of the alleged violation.
E.
Summons directing the owner or operator of the offending
vehicle to appear before the municipal judge at the City hall on a
date and time certain to answer to the alleged violation and be dealt
with according to law.
[Added by Ord. No. 82-38]
A.
Any vehicle, automobile, truck, trailer or object
parked on the public streets of Evanston, for periods of time long
enough to hamper or make impossible cleaning or snow removal from
said portion of public street, shall be, on notification of owner
by the police department, removed by said owner, within twenty-four
hours of such notice, to a location that will make cleaning or snow
removal of streets possible. Violators of the provisions of this section
shall be, on conviction of said violation, fined in City court in
an amount not to exceed seven hundred fifty dollars and court costs
for violation thereof.
B.
Any vehicle found to be in violation of this section shall be deemed a public nuisance and the police department is hereby authorized to remove such vehicle, cause the same to be removed, at the sole cost and expense of the violator. The police department shall have the power and is hereby authorized to remove the vehicle by either private or governmental equipment to the City pound, or elsewhere, as it may deem advisable, such impoundment being in conformance with and pursuant to section 12-110, and procedures outlined therein.
It shall be unlawful for any vehicle to "double
park," that is, park the same between a car properly parked at the
curb and the center of the street, whether the driver is in the car
or not.
It shall be unlawful to dispense gasoline or
any other motor fuel from any pump or dispensing unit to any motor
vehicle, truck, tractor or other vehicle while the same is standing
on a public street.
It shall be unlawful for any person to park
any vehicle or structure so designed and constructed as will permit
occupancy as sleeping quarters and so designed that it is mounted
on wheels and used as a conveyance on highways and City streets, propelled
or drawn by its own power or any other motive power on any City street
or other property owned by the City, in any area, other than those
specifically designed and designated as overnight parking areas, during
hours other than those constituting normal business hours for that
area when such street or area is used for the purpose of overnight
camping or sleeping.
[1]
Editor's Note: Former § 12-76 was
repealed by Ord. No. 01-13.
[Amended by Ord. No. 81-57; Ord. No. 82-38; Ord. No. 82-68; Ord. No. 84-36; Ord. 01-14]
A.
The City council may, by resolution, establish areas
within the City as limited parking zones and designate the limits
for parking of vehicles therein.
B.
It shall be unlawful for any person to park or to
allow to remain parked any vehicle in a limited parking zone for a
continuous period of more than the time permitted therefor during
effective hours.
C.
It shall be the duty of the street department to post
and maintain appropriate signs to notify the public that areas are
limited parking zones, and of the effective hours thereof. Not less
than two such signs shall be posted per block on each side of the
affected street, if both sides of the street are within the zone,
or more if necessary to reasonably inform the public as to the existence
of such zone.
D.
Every person convicted under the provisions of this
section shall be punished by a fine as established by the governing
body in the annual budget resolution.
E.
It shall be the duty of the chief of police and the
City attorney to enforce this section and to keep adequate records
to determine the number of violations committed in each calendar year
by the registered owner of any vehicle.
F.
Any vehicle found to be in violation of this section shall be deemed a public nuisance and the police department is hereby authorized to remove, such vehicle, or cause the same to be removed, at the cost and expense of the violator. The police department shall have the power and is hereby authorized to remove the vehicle by either private or governmental equipment to the City pound, or elsewhere, as it may deem advisable, such impoundment being in conformance with and pursuant to Section 12-110, and procedures outlined therein.
[Added by Ord. No. 81-57; amended by Ord. No. 96-12; Ord. No. 98-9]
A.
HANDICAPPED PARKING SPACE
HANDICAPPED PERSON
Definitions. As used in this section, the following
words and phrases shall have the following meaning:
A parking space designated in accordance with this section
for the parking of vehicles which display a current handicapped license
plate or handicapped identification card issued by the state of Wyoming,
another state or the City of Evanston.
Any person to whom a card, or license plate with a handicap
logo has been issued in accordance with the law.
B.
Handicapped Parking Sign Requirements. Signs reserving
handicapped parking spaces upon public streets or public or private
parking lots shall be constructed of durable material, contain the
international symbol of accessibility, be no less than twelve inches
by eighteen inches in size and be placed above ground level so as
to be visible at all times and not be obscured by a vehicle parked
in that space.
C.
Unauthorized parking. No person shall park a vehicle
a handicapped parking space on a public street, in a public parking
lot or in a private parking lot unless such vehicle shall have visibly
displayed upon it a current handicapped license plate or handicapped
identification card issued by the state of Wyoming, another state,
the City of Evanston or other governmental entity.
D.
Obstruction of handicapped parking space. No person
shall obstruct the use of a handicapped parking space through the
placement of snow, trash, shopping carts, construction materials or
other items or materials unless provision has been made for temporary
handicapped parking spaces at least equal in number to the obstructed
spaces.
E.
Minimum fine. Every person convicted under this section
shall be punished by a minimum fine of fifty dollars.
[Added by Ord. No. 82-97]
It shall be unlawful to park any vehicle with
an overall length of more than twenty-one feet or an overall height
of more than seven feet from the ground to the topmost part, in any
area marked for diagonal parking on any street in the City.
[Added by Ord. No. 82-38]
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:
[Added by Ord. No. 86-2]
A.
It shall be the duty of any police officer or traffic
enforcement officer of the City, upon finding a motor vehicle parked
in violation of sections in this article, to affix to or deposit in
such vehicle an envelope on which shall be imprinted a form of notice,
which the officer shall complete by inserting on such notice the nature
of the violation incurred, the date upon which such violation occurred,
the license number of the vehicle, a notice that the vehicle was parked
in violation of a section of this article, and giving notice of the
charge, if paid within seven days, and that such charge may be paid
by enclosing such amount in the envelope and depositing the same in
the nearest courtesy, box, and further that if such charge is not
paid within seven days that the amount of such charge will be increased
by five dollars. If the charge and any additional charge is not paid
in full within fourteen days from the date of the original notice,
proceedings will be instituted to enforce the penalties provided in
this article. Such notice shall be signed by the officer of issue.
B.
The owner or operator of any vehicle who has been
given notice of a violation under this section in the manner aforesaid
and who fails to respond to such notice within fourteen days after
the time of violation as recorded on such notice shall be formally
charged in the municipal court with the violation of this article
by a complaint duly sworn to by the officer giving the notice of violation,
and a summons shall be issued commanding the defendant to appear before
the municipal judge at the City hall on a date and at a time not more
than ten days from the date upon which the complaint was filed, then
and there to answer to the offense charged in the complaint. Such
summons shall also state the substance of the provisions of this article
relating to giving bond in lieu of appearance. Such summons shall
be served by mailing a copy thereof in an envelope addressed to the
defendant at his last known address, and no other service shall be
required to give notice of such violation.
C.
When a defendant charged with a violation of this
article in the manner aforesaid fails or refuses to appear before
the municipal judge to answer to the offense charged against him,
the municipal judge shall forthwith issue a warrant commanding the
police to arrest such defendant and bring him before the municipal
judge to be dealt with according to law.
[Added by Ord. No. 86-2]
In the event that any person receiving any summons of violation as provided in section 12-78.3 does not desire to appear before the municipal judge to answer to such charge, he may post a bond equal to the amount stated in the summons with the City clerk or a member of the police department, to be forfeited unless such person shall appear before the municipal judge at the time fixed in such summons, and upon forfeiture of such bond, no further action on the offense charged shall be taken against such violator. The clerk or police officer taking such bond shall issue a receipt therefor and promptly remit any money received to the municipal judge.
