CHAPTER 3
PARKING REGULATIONS
SECTION:
7-3-1: Definitions
7-3-2: Parking Prohibited In Specified Places
7-3-3: Certain Time And Purpose Restrictions
7-3-4: Manner Of Parking
7-3-5: Vehicles Transporting Explosives, Poisonous Materials
7-3-1: DEFINITIONS:
Whenever in this chapter the following terms are used, they shall have the meanings ascribed to them in this section, unless otherwise herein provided:
MOTOR VEHICLE: Every vehicle propelled by its own power and designed primarily to transport persons or property upon the highways of the state, including trailers, semitrailers, and house trailers.
PROHIBITED VEHICLE: Any motor vehicle, other than a passenger vehicle or a truck, commonly referred to as a "half-ton", "three- quarter-ton" or "one-ton" pickup truck.
TRAILER: Every vehicle, with or without motor power, designed to carry property or passengers and to be drawn by a motor vehicle, including a house trailer and semitrailer.
TRUCK: Every motor vehicle designed, used, or maintained primarily for transportation of property.
VEHICLE: Every device in, upon, or by which any person or property may be transported or drawn upon a public highway, except devices moved by animal power and bicycles. (Ord. 12.57, 1-3-2000)
7-3-2: PARKING PROHIBITED IN SPECIFIED PLACES:
It shall be unlawful for any owner, driver, operator or person in charge of any vehicle to stop or allow to stop, stand or allow to stand, or park or allow to park such vehicle at any of the following places, except where necessary to avoid conflict with other traffic, or except in compliance with directions of a peace officer:
   A.   Sidewalk: On a sidewalk.
   B.   Driveway: In front of a public or private driveway.
   C.   Intersection: Within an intersection.
   D.   Fire Hydrant: Within fifteen feet (15') of a fire hydrant.
   E.   Crosswalk:
      1.   On a crosswalk.
      2.   Within twenty feet (20') of a crosswalk at an intersection.
   F.   Approach To Traffic Signal: Within thirty feet (30') upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway.
   G.   Safety Zone: Between a safety zone and the adjacent curb or within thirty feet (30') of points on the curb immediately opposite the ends of the safety zone, unless the local authorities indicate a different length by signs or markings.
   H.   Railway Crossing: Within fifty feet (50') of the nearest rail of a railway crossing.
   I.   Fire Station: Within twenty feet (20') of the driveway entrance to any fire station and on the side of the street opposite the entrance to any fire station within seventy five feet (75') of said entrance when properly posted. (Ord. 12.57, 1-3-2000)
   J.   Street Excavation: Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic. (Ord. 12.57, 1-3-2000; amd. 2006 Code)
   K.   Double Parking: On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
   L.   Bridge: Upon any bridge or other elevated structure upon a highway or within a highway tunnel.
   M.   Official Signs: At any place where official signs prohibit stopping.
   N.   Loading Zone: In front of an area designated as a loading zone.
   O.   Theater: In front of any theater entrance or exit, during the time the theater is open for business, and when said area is posted by appropriate signs.
   P.   Temporarily Posted Areas: Within any temporarily posted area, so posted for emergency purposes, or so posted for snow removal or street sweeping purposes. (Ord. 12.57, 1-3-2000)
   Q.   Handicapped Parking: Upon the ways of this state within the exterior boundaries of the city when any such parking space has been appropriately marked or signed as a designated handicap parking spot pursuant to resolution of the city council and approval of the mayor of the city, except when such vehicle conveying a handicapped person properly displays a handicap license plate or decal properly issued by the state of Montana or other license plate or vehicle registration authority. (Ord. 396, 5-20-2002)
   R.   Specific Streets Or Parts Of Streets:
      1.   On the south side of East Railway Street from the intersection thereof with North Central Avenue, in an easterly direction to the intersection thereof with First Avenue Northeast.
      2.   At any time: a) on the southwesterly side of First Street Southwest between the intersection of First Street Southwest with Fifth Avenue Southwest and a point on the southwesterly side of First Street Southwest forty feet (40') westerly from said intersection; and b) on the northeasterly side of First Street Southwest between the intersection of First Street Southwest with Fifth Avenue Southwest and U.S. Highway 2, except for unloading as indicated by appropriate signs.
      3.   No prohibited vehicle shall be stopped or parked at any time on the southwesterly side of First Street Southwest between the intersection of First Street Southwest with Fifth Avenue Southwest and the alley in the O'Haire Addition to the city. (Ord. 12.57, 1-3-2000)
7-3-3: CERTAIN TIME AND PURPOSE RESTRICTIONS:
It shall be unlawful for any owner, driver, operator or person in charge of any vehicle to stop or allow to stop, stand or allow to stand, or park or allow to park such vehicle on any street, avenue or alley within the following areas, except for the time and purpose so designated:
   A.   Loading Or Unloading:
      1.   In front of any hotel or other building or location, when so posted, except for the purpose of loading or unloading, for a period of time not to exceed the time indicated on the sign governing that location.
      2.   In any alley, except for loading and unloading, and only during the time the actual loading or unloading is taking place.
   B.   Business District; Two Hour Parking: It shall be unlawful to park any vehicle for a period of time longer than two (2) hours between the hours of nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. on any day, excepting Sundays or legal holidays when the business establishments are closed, in the business district within the following designated areas:
On East and West Main Street between Second Avenue Southeast and Second Avenue Southwest.
On First Avenue Southeast between East Main Street and the alley running in an easterly-westerly direction through blocks 10 and 7 of the original townsite.
On First Avenue Northeast between East Main Street and East Railway Street.
On South and North Central Avenue between First Street Southeast and First Street Southwest and East and West Railway Street.
On First Avenue Southwest between West Main Street and the alley running in an easterly-westerly direction through blocks 3 and 6 of the original townsite.
   C.   Boats, Trailers, Campers:
      1.   Time Limit: No person shall be allowed to park a boat, trailer, camper or other motor vehicle on any of the streets within the city at any time for a period of more than five (5) days continuously, except as provided in subsection B of this section, where no such boat, trailer, camper or other motor vehicle may be parked for a period of time longer than two (2) hours in the area designated therein.
      2.   Parking Boats Within Business District:
         a.   It shall be unlawful for any person to park or display boats of any kind or size, for any purpose whatever, within that part of the business district as outlined in subsection B of this section, unless such boat is attached to a motor vehicle by a trailer customarily used to haul boats.
         b.   It shall be unlawful for any person to park or display any boat within the area described above even when attached to a motor vehicle by means of a trailer customarily used for hauling boats, for more than two (2) hours.
   D.   Trucks: It shall be unlawful for the driver of any truck of a size or load with a carrying capacity greater than one ton to park at any time, except while actually engaged in loading or unloading, within the area designated in subsection B of this section.
   E.   Vehicles For Sale: It shall be unlawful for any automobile or implement dealer, or any other person, to park either new or used automobiles or other motor vehicles being held for sale upon the public streets of the city, at any time, except on days when such new or used automobiles or motor vehicles are in actual use by the owner thereof or his employees or members of his family. This does not apply to an individual who is not a car dealer, and who has his own personal car for sale.
   F.   Recreational Vehicles: It shall be unlawful for any person to drive on or park on any streets or alleys within the territorial limits of the city with any three (3) or four (4) wheel all- terrain vehicle or any other such recreational vehicle not designated primarily for transportation of people or property. (Ord. 12.57, 1-3-2000)
7-3-4: MANNER OF PARKING:
It shall be unlawful to park any motor vehicle or other vehicle on any street or avenue within the city, except in the following manner:
   A.   Parallel Parking; Exceptions:
      1.   Parallel Parking: All vehicles shall be parked with the right side of the vehicle next to the curb and parallel thereto, with the right side wheels of said vehicle at a distance of not greater than eighteen inches (18") from such curb, and said vehicle at least three feet (3') from any other vehicle standing on such street or avenue. (Ord. 12.57, 1-3-2000)
      2.   Exception, Angle Parking:
         a.   Angle Parking: On the easterly side of Central Avenue between the intersection thereof with First Street Southeast and the intersection thereof with Railroad Street, where vehicles shall be parked at an angle of thirty degrees (30°) with the curb, with the right front wheel of the vehicle resting against said curb. No vehicles may utilize this angle parking when the total length of the vehicle exceeds nineteen feet six inches (19'6"). The city of Cut Bank shall post signs on each end of each of these two (2) blocks notifying the public that vehicles exceeding nineteen feet six inches (19'6") in length are prohibited from parking on this side of these streets, those streets being the ten (10) blocks of South Central Avenue and North Central Avenue. All vehicles parking in this area must fit within the painted parking area and not have any part of the motor vehicle or any other cargo which protrudes into the lane of travel. Any vehicles parked in these angled parking areas, regardless of length or manner of parking, which protrude into the travel lane are in violation of this chapter. (Ord. 2009-02A, 10-18-2010)
         b.   Parking During Church Functions:
            (1)   Automobiles may be angle parked at the following designated places during church and during regular hours of worship, and at all other times parallel parking shall be required at these places:
First Baptist Church: On the westerly side of Sixth Avenue Southeast between First and Second Streets, and on the south side of First Street Southeast between Sixth Avenue Southeast and the alley in block 6 of the second addition.
Presbyterian Church: On the easterly side of Central Avenue South between Second and Third Streets, and on the south side of Second Street Southeast from Central Avenue to the alley.
St. Margaret's Catholic Church And Assembly Of God Church: The easterly side of Second Avenue Southeast between First and Second Streets and on the south side of First Street Southeast between Second Avenue Southeast and the alley in block 14 of the original townsite.
St. Paul's Lutheran Church: On the east side of Sixth Avenue Southeast between East Main Street and First Street Southeast.
            (2)   Residents of the areas designated in subsection A2b(1) of this section whose automobiles have been parked parallel prior to or during church functions shall not be held in violation of this section.
   B.   Physicians Parking In Prohibited Areas: Any regularly licensed and practicing physician, surgeon, or physician's assistant may, in cases of emergency, park any vehicle operated by such person or under such person's direction and control in prohibited areas; provided, however, that such vehicle will be removed at the earliest possible moment and shall not be locked or placed in such condition that the same cannot be moved.
   C.   One-Way Streets: Those persons parked on one-way streets shall park their vehicles in the direction of allowed travel at or next to the curb, at a distance not greater than eighteen inches (18") from said curb on either side of the street. (Ord. 12.57, 1-3-2000)
   D.   Handicapped Parking Area: The authorized driver of a vehicle may park in a designated and posted handicapped parking area located on South Central Avenue, on the north side of Second Street Southeast next to the Catholic Church facilities where there may be two (2) marked and designated handicap parking places, or any other area as approved by the city council. (Ord. 2009-02A, 10-18-2010)
   E.   Bus Stop: Authorized buses may utilize the designated and posted parking area located on West Main Street as a bus stop or for any other area so posted and designated by the city council. (Ord. 12.57, 1-3-2000; amd. 2006 Code)
   F.   Patient Parking: Two (2) designated and marked patient parking spots located on the west side of the ten (10) block of Second Avenue Southeast and more specifically in front of number 8, Second Avenue Southeast that being the Veteran's Administration Clinic Building. Said patient parking spots shall have signs posted which allow patient parking only between the hours of seven o'clock (7:00) A.M. and five o'clock (5:00) P.M. (Ord. 2009-02A, 10-18-2010)
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