(a) In order to facilitate the clearing and cleaning of the municipal highways, streets and alleys, as well as the safe passage of vehicular traffic thereon, no motor vehicle shall be parked upon such highways, streets and alleys between the hours of 2:00 a.m. and 5:30 a.m., nor shall any motor vehicle be parked thereon during such times the City Manager or the City Police Chief shall declare a weather emergency.
(1) The City Manager or the City Police Chief may declare a weather emergency based upon flooding conditions which have caused or are reasonably likely to cause hazardous conditions upon city highways, streets and/or alleys; and the City Manager or the City Police Chief may declare a weather emergency after three or more inches of snow have fallen within the city, or, based upon a forecast from the National Weather Service, it is deemed by said city officials to be reasonably likely that a snowfall of three or more inches within the city is imminent. As soon as conditions permit, the City Manager or the City Police Chief shall declare the termination of such weather emergency by way of available media to the extent feasible.
(2) Said city officials shall use all available means of disseminating information as to the existence of weather conditions requiring removal of parked motor vehicles from the highways, streets and alleys within the city. Such notice shall be disseminated through the radio, newspaper and all other available media to the extent feasible. The dissemination of this information, however, shall not relieve owners or operators of motor vehicles from the responsibility of ascertaining the existence of weather conditions requiring the removal of parked motor vehicles from the highways, streets and alleys within the city.
(3) A motor vehicle parked on any highway, street or alley within the city at the time a weather emergency is declared shall be removed by the owner within three hours if such emergency is declared between 8:00 a.m. and 8:00 p.m., or prior to 9:00 a.m. of the following morning if the emergency is declared within the hours of 8:00 p.m. and 8:00 a.m. Nothing in this section shall permit any motor vehicle to be parked in violation of any other parking restriction previously established by ordinance or by erection of signs.
(4) It shall be the responsibility of the owners or operators of motor vehicles to ascertain whether weather conditions require the removal of their motor vehicles from the highways, streets and alleys within the city and to remove all motor vehicles parked in violation of the provisions set forth in this section. While the city will make every effort to inform the public of the existence of weather conditions requiring removal of parked motor vehicles from highways, streets and alleys within the city, the owners and operators of motor vehicles parked in these areas shall have full responsibility to determine existing weather conditions and to remove parked motor vehicles if the weather conditions are such as to require their removal under the terms of this section.
(b) Any motor vehicle parked in violation of this prohibition shall be removed at the order of the Chief of Police and the owner or operator thereof shall be subject to the penalty provided in § 452.99.
(c) Whoever violates the provisions of this section shall be subject to the penalty provided in § 452.99. In addition, where a motor vehicle is towed to a motor vehicle pound, the motor vehicle can be recovered only upon payment of the towing and storage charges imposed therefor.
(Ord. 1801, passed 5-18-1971; Ord. 15-O-2801, passed 3-17-2015)