(A) Definitions. For the purpose of this section, the following words and phrases shall have the meanings respectively ascribed to them:
OPERATOR. Every individual who shall operate a vehicle thereof, or as the agent, employee or permittee of the owner, or who is in actual physical control of a vehicle.
PARKING. The standing of a vehicle, whether occupied or not, upon a street otherwise than temporarily for the purpose, and while actually engaged in, receiving or discharging passengers, or loading or unloading merchandise, or in obedience to traffic regulations signs or signals, or an involuntary stop of the vehicle by reason of causes beyond the control of the operator of the vehicle.
PARKING SPACE. Any space within a two-hour parking zone which is duly designated for the parking of the single vehicle by lines painted or otherwise durably marked on the curb or on the surface of the street.
(B) Duties of Police Chief; parking outside designated space. The Police Chief is hereby directed and authorized to mark off individual parking spaces on the streets of the city, the parking spaces to be designated by lines painted or durably marked on the curbing or surface of the street. At each space so marked off, it shall be unlawful to park any vehicle in a way that the vehicle shall not be entirely within the limits of the space so designated. Further, the Police Chief is hereby directed and authorized to place signs of a durable structure on the streets and sidewalks of the city designating two-hour parking.
(C) Towing and storage of vehicles.
(1) Members of the Police Department are authorized hereby to remove any vehicle from any of the city streets upon a violation of the provisions of this section and to tow it to the nearest garage or other place of safety, or to a garage designated or maintained by the Department or otherwise maintained by the city. The vehicle shall be held until claimed by the legal owner or until otherwise disposed of.
(2) Before the owner of any vehicle shall be entitled to recover the possession of the vehicle, he shall pay charges to the wrecker service.
(D) Notice to owner of towed vehicle.
(1) It shall be the duty of the Police Chief, or a person designated by him, to notify the owner of any impounded vehicle in writing, by certified mail, return receipt requested, within 72 hours, of the fact that his vehicle has been impounded, setting forth the reason for the impounding and the amount of the charges constituting a lien thereon.
(2) If the vehicle is registered in this or any other state, the registered owner thereof, as shown by the records of the state of its registration, shall be deemed to be the owner of the vehicle. The mailing of the notice required hereby to the registered owner at the address shown on the records shall be deemed sufficient notification hereunder.
(E) Written notice to appear; answering parking violation charge. Whenever any motor vehicle without a driver is found parked in violation of any of the parking restrictions of this section, the officer finding it shall take its registration number and any other information displayed on the vehicle which may identify its user, and affix conspicuously to the vehicle a notice in writing, on a form provided by the city, for the driver to answer to the charge against him during the hours and at the time and place specified in the notice. The officer shall send one copy of the notice to the Municipal Court.
(F) Responsibility of owner of illegally parked vehicle. If any vehicle is found upon a street in violation of any provision of this section regulating the stopping, standing or parking of vehicles and the identity of the driver cannot be determined, the owner or person in whose name the vehicle is registered, shall be held prima facie responsible for the violation.
('88 Code, § 18.411) (Am. Ord. passed 11-20-12) Penalty, see § 72.99
Cross-reference:
No-parking zones, see Parking Schedule II
Two-hour parking, see Parking Schedule I