Loading...
§ 802.04 PRIMA FACIE EVIDENCE.
   The presence of any vehicle on any street when standing or parked in violation of §§ 802.01 through 802.03 is prima facie evidence that the registered owner of the vehicle committed or authorized the commission of the violation.
(Prior Code, § 802.04)
§ 802.05 IMPOUNDMENT.
   Any police officer may remove a vehicle from a street to a garage, lot or other place of safety designated by the Council when the vehicle is left unattended and constitutes an obstruction to traffic or hinders snow removal or street improvement or maintenance operations. The vehicle shall not be released until the fees for towing and storage are paid in addition to any fine imposed for violation of this chapter.
(Prior Code, § 802.05)
Cross-reference:
   City fee schedule, see § 218.01
§ 802.06 WINTER PARKING RESTRICTIONS.
   (1)   Generally.
      (a)   In order to expedite the prompt and efficient removal of snow from the streets of the city, it is unlawful for any person to stop, stand or park any vehicle on any public street within the city between the hours of 2:00 a.m. and 6:00 a.m. between November 1 and April 1 of each year. Hardship exceptions are provided for with temporary on-street parking waivers as described below.
      (b)   In addition, parking is not allowed on any public street when two inches or more of snow has fallen until the street has been plowed. The official depth for the purpose of this section shall be determined by a duly appointed city official, whose determination shall be final and not subject to appeal. Any vehicle parked in violation of this section may be towed pursuant to M.S. § 169-041, as it may be amended from time to time. A violation of this section is a petty misdemeanor.
   (2)   Temporary on-street parking waivers. When undue hardship may result from strict compliance with the winter parking restrictions above, the Lino Lakes Police Department may issue a temporary overnight parking waiver as provided herein upon application therefore by the operator of the vehicle.
   (3)   Issuance of temporary waiver. The following shall govern the issuance and use of temporary overnight parking waivers by the Police Department.
      (a)   Undue hardship. Refusal of the grant would create an unnecessary and undue hardship.
      (b)   Public health, safety and general welfare. Granting of the waiver would not present an unreasonable threat to the public health, safety and general welfare.
      (c)   Temporary circumstances. The circumstances resulting in the request for a temporary waiver shall be of a temporary nature such as driveway repairs, social occasions, numerous guests and similar situations where the advantage of the city having vehicles off the street in the early morning hours is outweighed by the practical problems created by a prohibition of overnight parking.
      (d)   Length of waiver. The waiver shall be for a length of time not to exceed the minimum time necessary to relieve the hardship as determined by the Police Department.
      (e)   Release of liability. The city shall incur no liability for any damages to a vehicle parked on a city street per a waiver for overnight parking.
      (f)   Records. The Police Department will maintain a record of parking waivers including the nature of the request and the time period for which the parking waiver was allowed.
      (g)   Application to snow removal. A waiver for on-street parking shall not be a defense to the violation of this section relating to snow removal after a two inches or more snowfall.
(Ord. 11-04, passed 9-27-2004)
§ 802.07 TRUCK AND EQUIPMENT PARKING.
   (1)   Definitions. For the purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BUS.  Motor vehicle designed for carrying more than 15 passengers including the driver and used for transporting persons.
   MANUFACTURED HOME. A structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.
   PASSENGER AUTOMOBILE. Any motor vehicle designed and used for carrying not more than 15 individuals, including the driver.
      (a)   PASSENGER AUTOMOBILE does not include motorcycles, motor scooters, buses, school buses, or commuter vans. Except as provided in division (1)(b) of this section, a vehicle with a gross vehicle weight rating of 9,000 to 13,000 pounds that is a pickup truck or a van is not a PASSENGER AUTOMOBILE.
      (b)   PASSENGER AUTOMOBILE includes, but is not limited to a vehicle that is:
         1.   A pickup truck or a van;
         2.   Not used in furtherance of a commercial enterprise; and
         3.   Not subject to state or federal regulation as a commercial motor vehicle.
   RECREATIONAL VEHICLE. Travel trailers including those that telescope or fold down, chassis-mounted campers, motor homes, tent trailers, and converted buses that provide temporary human living quarters.
   SEMITRAILER. A vehicle of the trailer type so designed and used in conjunction with a truck-tractor that a considerable part of its own weight or that of its load rests upon and is carried by the truck-tractor and shall include a trailer drawn by a truck-tractor semitrailer combination.
   SPECIAL MOBILE EQUIPMENT. Every vehicle not designed or used for the transportation of persons or property and only incidentally operated or moved over a highway. SPECIAL MOBILE EQUIPMENT includes, but is not limited to: ditch-digging apparatuses, pump hoists and other water well-drilling equipment, other road construction or road maintenance machinery, aggregate processing and conveying equipment, truck-mounted log loaders, and self-propelled cranes.
   TRACTOR. Any motor vehicle designed or used for drawing other vehicles but having no provision for carrying loads independently.
   TRAILER. Any vehicle designed for carrying property or passengers on its own structure and for being drawn by a motor vehicle but shall not include a trailer drawn by a truck-tractor semitrailer combination, or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached.
   TRUCK. Any motor vehicle designed and used for carrying things other than passengers.
   TRUCK-TRACTOR. A motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load drawn.
   (2)   It shall be unlawful for any person to park, or permit to be parked, on any public street a truck in excess of 12,000 pounds licensed gross vehicle weight, a truck tractor, semitrailer, bus, manufactured home, recreational vehicle, special mobile equipment, or trailer.
   (3)   This section shall not apply to any motor vehicle which is actively loading, unloading or performing a service.
   (4)   No auxiliary motors or engines on any vehicle shall be allowed to operate except when actively loading, unloading or are being used to perform a service.
   (5)   Boats and boat trailers are exempt from the provisions of § 802.07(2).
   (6)   Recreational vehicle on-street parking waiver. When undue hardship may result from strict compliance with the parking restrictions above, a parking waiver may be issued by the Chief of Police or his or her designated representative as provided herein upon application therefore by the owner of the vehicle.
   (7)   Issuance of temporary waiver. The following factors shall be considered when issuing a recreational vehicle temporary on-street parking waiver:
      (a)   Zoning compliance. The applicant cannot park on the property upon which his or her residence is located without violating the zoning laws relating to permitted off-street parking areas or that the applicant cannot reasonably or legally drive the subject vehicle to any other place on the property where his or her residence is located without violating the zoning laws relating to off-street parking.
      (b)   Public health, safety and general welfare. Granting of the permit would not present an unreasonable threat to the public health, safety and general welfare.
      (c)   Length of waiver. The waiver shall be for a length of time not to exceed two weeks in any calendar month.
      (d)   Release of liability. The city shall incur no liability for any damages to a vehicle parked on a city street per a waiver for on-street parking.
      (e)   Records. The Police Department will maintain a record of parking waivers including the nature of the request and the time period for which the parking waiver was allowed.
(Ord. 14-11, passed 6-27-2011)