The following definitions shall apply in the interpretation
and enforcement of this article:
That portion of a street or highway improved, designed or
ordinarily used for vehicular travel, exclusive of the berm or shoulder.
Any streets which are not marked as snow emergency routes.
Those streets marked as such in accordance with the provisions
of this article.
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.
A.
Whenever the City Manager finds, on the basis of falling snow, sleet
or freezing rain or on the basis of a forecast by the United States
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 City Manager
shall put into effect a parking prohibition on parts of or all snow
emergency routes as necessary by declaring it in a manner prescribed
by this article.
B.
Notwithstanding the provisions of Subsection A hereof, a parking prohibition shall automatically go into effect on any part of any snow emergency route on which there has been an accumulation of snow and ice of 2 1/2 inches or more.
C.
Once in effect, a prohibition under this section shall remain in
effect until the snow emergency is declared over by the City Manager.
While the prohibition is in effect, no person shall park or allow
to remain parked any vehicle on any portion of a snow emergency route
to which it applies. The parking prohibition established by this section
shall govern over any other provision of this chapter purporting to
permit parking on any snow emergency route.
[Amended 1-23-1995 by Ord. No. 2-95]
A.
Whenever the City Manager finds on the basis of falling snow, sleet,
freezing rain or on the basis of a forecast by the United States 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/or that parking on City streets be prohibited or
restricted for snow plowing and other purposes, the City Manager shall
put into effect a parking prohibition on parts of all secondary streets
as necessary by declaring it in a manner prescribed by this article.
The prohibition shall remain in effect until it is declared ended
by the City Manager.
[Amended 1-23-1995 by Ord. No. 2-95]
Whenever a vehicle becomes stalled for any reason, whether or
not in violation of this article, on any part of a snow emergency
route 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 of such snow emergency route. No person shall abandon
or leave his vehicle in the roadway of a snow emergency route (regardless
of whether he indicated, 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.
A.
The City Manager shall cause each declaration made by him pursuant
to this article to be publicly announced by means of broadcasts from
station(s) with a normal operating range covering the City, and he
may cause such declaration to be further announced in newspapers of
general circulation when feasible. Each announcement shall describe
the action taken by the City Manager, including the time it became
or will become effective, and shall specify the streets or areas affected.
B.
The City Manager shall make or cause to be made a record of each
time and date when any declaration is announced to the public in accordance
with this section.
[Amended 1-23-1995 by Ord. No. 2-95]
Whenever the City Manager shall find that some or all of the
conditions which give rise to a parking prohibition in effect, pursuant
to this article, no longer exists, he may declare the prohibition
terminated in whole or in part in a manner prescribed by this article,
effective immediately upon announcement.
Any provision of this article which becomes effective by declaration
of the City Manager 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.
On each street designated by this Article as a snow emergency
route, the City Manager shall post special signs at intervals not
exceeding 90 feet with the wording "Snow Emergency Route, No Parking
During Emergency, Tow-Away Zone." These signs shall be distinctive
and uniform in appearance and shall be plainly readable to persons
traveling on the street or highway.
A.
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 this City when:
(1)
The vehicle is parked on a part of a snow emergency route on which
a parking prohibition is in effect.
(2)
The vehicle is stalled on a part of a snow emergency route on which
there is a covering of snow, sleet or ice or 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 provisions
of this article.
(3)
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.
B.
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 shall present to the custodian
of the vehicle evidence of his identity and right to possession of
the vehicle, shall sign a receipt for its return, shall pay the cost
of removal, in accordance with the schedule provided in the City towing
contract, and shall pay any cost 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's lien.
C.
This section shall be supplemental to any other provisions of law
granting members of the Police Department authority to remove vehicles.
[Amended 11-26-2012 by Ord. No. 9-2012]
Whenever any motor vehicle without a driver is found parked or left in violation of any provision of this article and is not removed and impounded as provided for in this article, the officer finding such vehicle shall conspicuously affix to such vehicle a notice of violation for the driver to answer to the charge against him in accordance with the provisions of Chapter 70, Parking Violations Bureau, of the Code of Ordinances of the City of Newburgh.
The streets or portions of streets within the City set forth in Schedule XXX (§ 288-88), attached to and made a part of this chapter, are hereby designated as snow emergency routes.
