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.
- SECONDARY STREETS
- Any streets which are not marked as snow emergency routes.
- SNOW EMERGENCY ROUTES
- Those streets marked as such in accordance with the provisions of this article.
- STREET OR HIGHWAY
- 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.
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.
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.
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]
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]
During a snow emergency, all secondary streets will be governed by the alternate-side-of-the-street parking regulations of § 288-36, except as otherwise provided in this section.
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.
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.
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.
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:
The vehicle is parked on a part of a snow emergency route on which a parking prohibition is in effect.
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.
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.
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.
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.