(a) Definitions. The following definitions shall apply in the interpretation and enforcement of this section:
(1) "Mayor" means the duly elected office holder or, in his/her absence, his/her duly designated and acting representative.
(2) "Street" or "highway" means 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.
(3) "Roadway" means that portion of a street or highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder.
(b) Parking on Streets or Highways.
(1) Whenever there are four inches or more of fallen snow, or whenever the Mayor finds, on the basis of three inches or more of falling snow, or on the basis of a forecast of three inches or more of snow, that such conditions will make it necessary that vehicular traffic be expedited and that parking on City streets or highways be prohibited or restricted for snowplowing, there shall be put into effect a parking prohibition on parts or all streets or highways as necessary by declaring it in the manner prescribed by this section. The prohibition shall remain in effect until terminated by announcement of the Mayor.
(Ord. 34-93. Passed 9-20-93.)
(2) While the prohibition is in effect, no person shall park or allow to remain parked any vehicle on any street to which it applies.
(3) 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.
(c) Stalled Vehicles. Whenever a vehicle becomes stalled on any street or highway during a declared snow emergency 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. No person shall abandon or leave his vehicle in the roadway during a declared snow emergency (regardless of whether he 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 telephone or to a nearby garage, gasoline station or other place of assistance and return without delay.
(d) Declarations of the Mayor. The Mayor shall cause such declaration made by him pursuant to this section to be publicly announced by means of broadcasts or telecasts from stations with a normal operating range covering the City, and he may cause declaration to be further announced in newspapers of general circulation when feasible. Each announcement shall describe the action taken by the Mayor, including the time it became or will become effective, and shall specify the streets or areas affected.
(e) Termination of Parking Prohibition. Whenever the Mayor shall find that some or all of the conditions which gave rise to a parking prohibition in effect pursuant to this section no longer exists, he may declare the prohibition terminated in whole or in part, in the same manner as provided for declaring a snow emergency. Termination of the parking prohibition shall be effective immediately upon announcement.
(f) Provision Temporarily Effective to Take a Precedence. Any provision of this section which becomes effective by declaration of the Mayor, while temporarily in effect, takes precedence over any 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.
(g) Removal, Impounding, and Return of Vehicles.
(1) Members of the Police Department are hereby authorized to remove or have removed a vehicle which is left on any street during a declared snow emergency on which parking prohibition is in effect. Members of the Police Department are further authorized to remove a vehicle which is parked in violation of any parking ordinance or provision of law where such vehicle is interfering or about to interfere with snow removal operations. However, in no event shall any vehicle be impounded until at least eight hours has expired following the Mayor's declaration of a snow emergency.
(2) 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 it has been placed or impounded, he shall present to a member of the Police Department evidence of his identity and right to possession of the vehicle, shall sign a receipt for its return, shall pay the cost of removal and shall pay any cost of storage accrued.
(3) 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 its removal, where it was removed from, its location, the name and address of its owner and last operator, if known, and its final disposition.
(4) This section shall be supplemental to any other provisions of law granting members of the Police Department authority to remove vehicles.
(Ord. 34-93. Passed 9-20-93.)