[CC 1985 §24-276; Comp Ords. §23.08(2)]
As used in this Chapter, the following words and phrases shall
have the meanings respectively ascribed to them:
Those streets which are not marked "snow emergency route".
Those streets marked as such in accordance with the provisions
of this Chapter.
Any tires mounted on drive wheels of motor vehicles which
are especially designed to give effective traction on snow, mud or
ice covered streets by means of extra heavy duty treads with special
high-traction patterns, including radial tires, except that no tire
so designed shall be construed to be a snow tire if it is damaged
or worn to the extent that its performance would be substantially
impaired.
The City Administrator, his/her designee, or any person so
designated by a resolution of the Board of Aldermen.
[Ord. No. 3900 §1, 1-23-2014]
Any metal chains mounted on drive wheel tire of motor vehicles
which cross the tread of each section laterally in at least three
(3) different places.
[CC 1985 §21-277; Comp. Ords. §23.08(3)]
A.
Whenever
the Street Commissioner finds on the basis of falling snow, sleet
or freezing rain 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 Commissioner shall put into
effect a parking prohibition on part of or all snow emergency routes
as necessary by declaring it in a manner prescribed by this Chapter.
B.
Notwithstanding the provisions of Subsections (A) and (C) 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 four (4) inches or more or there is the prediction that snow will accumulate in such an amount.
C.
Once
in effect, a prohibition under this Section shall be in effect until
terminated by announcement of the Street Commissioner in accordance
with this Chapter except that any street which has become substantially
clear of snow and ice from curb to curb for the length of the entire
block shall be automatically excluded therefrom. While the prohibition
is in effect, no person shall park or allow to remain parked a vehicle
on any portion of any snow emergency route to which it applies. However,
nothing in this Section shall be construed to permit parking at any
time or place where it is forbidden by any other provision of law.
[CC 1985 §21-278; Comp. Ords. §23.08(6)]
A.
The
Street Commissioner shall cause each declaration made by him/her pursuant
to this Chapter to be publicly announced by means of broadcast or
telecast from a station with a normal operation range covering the
City and he/she may cause such declaration to be further announced
in newspapers of general circulation when feasible. Each announcement
shall describe the action taken by the Commissioner, including the
time it became or will become effective, and shall specify the streets
or areas affected. A parking prohibition declared by the Commissioner
shall not go into effect until at least two (2) hours after it has
been announced.
B.
The
Street Commissioner 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.
[CC 1985 §21-279; Comp. Ords. §23.08(8)]
Any prohibition of this Chapter which becomes effective by declaration
of the Street Commissioner or upon the occurrence of certain weather
conditions shall, while temporarily in effect, take precedence over
other conflicting provisions of law relating to traffic accidents,
emergency travel of authorized emergency vehicle or emergency traffic
directions by a Police Officer.
[CC 1985 §21-280; Comp. Ords. §23.08(9)]
On each street designated by this Chapter as a snow emergency
route, the Street Commissioner shall post special signs at intervals
not exceeding one thousand (1,000) 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.
[CC 1985 §21-281; Comp. Ords. §23.08(4)]
A.
No
person operating a motor vehicle on a snow emergency route on which
there is a covering of snow, sleet or ice shall allow such vehicle
to become stalled wholly or partly because the drive wheels thereof
are not equipped with tire chains, snow tires or radial tires.
B.
No
person operating a motor vehicle 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 shall allow such vehicle to become
stalled because motor fuel has become exhausted or because its battery
has become inoperative.
[CC 1985 §21-282; Comp. Ords. §23.08(5)]
Whenever a motor vehicle becomes stalled for any reason, whether
or not in violation of this Chapter, 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 will take immediate action to have such vehicle towed or pushed
off the roadway of such snow emergency route, either to the first
(1st) cross street which is not a snow emergency route or onto the
public portion of a nearby driveway. No person shall abandon or leave
his/her vehicle in the roadway of any snow emergency route regardless
of whether he/she indicates 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 garage, gasoline
station or other place of assistance and return without delay.
[CC 1985 §21-283; Comp. Ords. §23.08(11)]
Whenever any motor vehicle without a driver is found parked
or left in violation of any provision of this Chapter and is not removed
as provided for in this Chapter, the officer finding such a vehicle
shall take its registration number and any other information which
is displayed on the vehicle which may identify its user and shall
conspicuously affix to such vehicle a traffic citation or any form
provided by the Street Commissioner for the driver to answer to the
charge against him/her within twenty (20) days during the hours and
at the place specified in the citation.
[CC 1985 §21-284; Comp. Ords. §23.08(12)]
If any violator of this Chapter does not appear in response
to a traffic citation affixed to such motor vehicle in accordance
with this Chapter within a period of thirty (30) days, the City Collector
shall send the owner of the motor vehicle to which the traffic citation
was affixed a letter informing him/her of the violation and warning
him/her that in the event such matter is disregarded for ten (10)
number days a warrant for his/her arrest will be issued.
[CC 1985 §21-285; Comp. Ords. §23.08(10)]
A.
Members
of the Police Department are hereby authorized to remove or have removed
a vehicle from the street to the nearest garage or other place of
safety, including another place on the street or to a garage designated
or maintained by the 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 Chapter;
3.
The vehicle is parked in violation of any parking ordinances or provision
of law and is interfering or about to interfere with snow removal
operations.
B.
Whenever
a Police Officer removes or has removed a vehicle from the street
as authorized by this Section and the officer knows or is able to
ascertain from the registration records in the vehicle the name and
address of the owner thereof, such officer shall give or cause to
be given notice in writing to such owner of the fact of such removal
and the reasons therefor and the place to which such vehicle has been
removed. In the event any such vehicle is stored in a public garage,
a copy of such notice shall be given to the proprietor of such garage.
C.
Whenever
a Police Officer removes or has removed a vehicle from a street under
this Section and does not know and is unable to ascertain the name
of the owner or for any other reason is unable to give the notice
to the owner as hereinbefore provided and if the vehicle is not returned
to the owner within three (3) days, then the officer will immediately
send or cause to be sent a written report of such removal by mail
to the State Department of Revenue and shall file a copy of such notice
with the proprietor of any public garage in which the vehicle shall
be stored. Such notice shall include a complete description of the
vehicle, the date, time and place from which removed, the reasons
for such removal and the name of the garage or place where the vehicle
is stored.
D.
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/she shall present to the Police Department
evidence of his/her identity and right to possess the vehicle, shall
sign a receipt for its return, and shall pay the actual cost of its
removal and storage. Until paid, these charges constitute a lien on
the vehicle which may be enforced in the same manner as the garage
keeper's lien in accordance with the provisions of Section 430.010
et seq., RSMo.
E.
It
shall be the duty of the Police Department to keep a record of each
vehicle removed in accordance with this Section. The record shall
include a description of the vehicle, its license number, the date
and time of the removal, where it was removed from, its location,
the name and address of its owner and last operator, if known, its
final disposition and the parking violation involved.
F.
This
Section shall be supplemental to any other provisions of law granting
members of the Police Department authority to remove vehicles.
[CC 1985 §21-286; Comp. Ords. §23.08(13)]
Prosecution with regard to a vehicle parked or left in a place
or in a condition in violation of any provision of this Chapter, proof
that the particular vehicle described in the complaint was parked
or left in violation of a provision of this Chapter, 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 Chapter.
[CC 1985 §21-287; Comp. Ords. §23.08(7)]
Whenever the Street Commissioner shall find that some or all
of the conditions which give rise to a parking prohibition in effect
pursuant to this Chapter no longer exist, he/she needs to declare
the prohibition terminated, in whole or in part, in a manner prescribed
by this Chapter effective immediately upon announcement.
