SECTION:
10.52.010: Prohibited In Certain Areas
10.52.020: Parking Regulations; Sign Placement
10.52.030: Unattended Motor Vehicle
10.52.040: Regulation Of Vehicle Impounding
10.52.050: Reclaiming Impounded Vehicles
10.52.060: Fee And Expense; Lien
10.52.070: Notice Of Impounding
10.52.080: Form Of Notice
10.52.090: Proof Of Notice
10.52.100: Sale Of Unclaimed Vehicles
10.52.110: Certificate Of Sale
10.52.120: Disposition Of Monies Received
10.52.130: Recordkeeping
10.52.140: Approach To Parking Space
10.52.150: Parking Not To Obstruct Traffic
10.52.160: Parking In Alleys
10.52.170: Street Maintenance; Overnight Parking Prohibited
10.52.180: Parking For Certain Purposes Prohibited
10.52.190: Parking Prohibited Where
10.52.200: Signs And Markings
10.52.210: Parking Time Limited On Streets
10.52.215: Residential Parking Permit Program
10.52.220: Cutting Through Corners
10.52.230: Stop When Traffic Obstructed
10.52.240: Parking In Ditches
10.52.250: Placing No Parking Signs Prohibited
10.52.260: Public Parking Areas
10.52.270: Excessive Noise And Pollution
10.52.280: Handicapped Parking
10.52.285: Regulation Of Private Booting And Towing Practices
10.52.290: Stopping, Standing And Parking; Violation; Penalty
A. Stopping, Standing Or Parking Vehicle Prohibited; Exception: No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic control device, in any of the following places:
1. On a sidewalk;
2. In front of a public or private driveway;
3. Within an intersection;
4. Within fifteen feet (15') of a fire hydrant;
5. On a crosswalk;
6. Within twenty feet (20') of a crosswalk at an intersection;
7. Within thirty feet (30') upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway;
8. Between a safety zone and the adjacent curb or within thirty feet (30') of points on the curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a different length by signs or markings;
9. Within fifty feet (50') of the nearest rail of a railroad crossing;
10. Within twenty feet (20') of the driveway entrance to any fire station or within seventy five feet (75') of said entrance when properly signposted;
11. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
12. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
13. Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
14. At any place where signs or markings placed by order of the Municipal Council prohibit stopping;
15. In any parking stall marked for angle parking with the rear wheels of the vehicle adjacent to the curb;
16. In any parking stall marked by painted lines unless the vehicle is entirely within such parking space or painted lines upon the surface of the street or parking area;
17. On that portion of an unlaned roadway which is within fifteen feet (15') from the center of such roadway on a street not having adjacent curbs;
18. Parked in a direction opposite to the direction of traffic flow on a one-way street;
19. In any public transit bus loading zone, which shall include areas:
a. Adjacent to a red painted curb,
b. Between two (2) signs designating the space between them to be a bus loading zone,
c. Within sixty feet (60') of any sign designating the area to be a bus loading zone,
d. Public transit buses engaged in an official function relating to intracity transportation of passengers are exempt from the provisions of this subsection;
20. Along the east side of Third East Street between First and Second North Street;
21. On the area between the curb (and if no curb the edge of the paved roadway) and the sidewalk that is located within the public right-of-way.
B. Unlawful Moving Of Vehicle: No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.
C. Electric Charging Stations:
1. No person shall stop, stand, or park a vehicle, other than an electric vehicle, within any space marked or signed as reserved for the charging of electric vehicles.
2. It is unlawful to park, or permit to be parked, any electric vehicle in a space with an electric vehicle charging station if such electric vehicle is not in the process of charging.
3. Electric vehicles may be parked in any space designated for public parking, subject to the same regulations that apply to any other vehicle that would park in that space.
(Ord. 24-06, 2024: Ord. 19-05, 2019)
A. Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be stopped or parked with the right hand wheels parallel to and within twelve inches (12") of the right hand curb or as close as practicable to the right edge of the right hand shoulder so as not to be facing oncoming traffic.
B. On one-way streets vehicles may also park parallel with the curb and with the left hand wheels adjacent to and within eighteen inches (18") of the left hand curb.
C. Angle parking is permitted on any street containing painted lines designating parking at an angle to the curb.
D. The Chief of Police after obtaining the prior approval of the Municipal Council may place signs prohibiting or restricting the stopping, standing or parking of vehicles on any street or highway where after a public hearing it is determined that such stopping, standing or parking would unduly interfere with the free movement of traffic thereof. Such signs as placed by the Chief of Police or the State Road Commission shall be official signs, and no person shall stop, stand or park any vehicle in violation of the restrictions stated on such signs. (Prior Code § 42-14-2)
No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition and removing the key, placing the transmission in park or the gears in low or reverse if the vehicle has a manual shift, or effectively setting the brakes thereon; and when standing upon any perceptible grade, turning the front wheels to the curb or side of the highway. (Prior Code § 42-14-3)
A. Vehicle Impoundment Without Notice: A vehicle may be impounded with or without citation and without giving prior notice to its owner only under the following circumstances:
1. The vehicle is impeding or likely to impede the normal flow of vehicular or pedestrian traffic;
2. The vehicle poses an immediate danger to the public safety;
3. The vehicle is illegally parked within fifteen feet (15') of a fire hydrant;
4. The vehicle, without a valid designated plate or placard issued under state law, is parked in a stall or space clearly marked and designated for use by disabled persons;
5. A police officer reasonably believes that the vehicle is stolen;
6. A police officer reasonably believes that the vehicle or its contents constitute evidence of an offense and such impoundment is reasonably necessary to obtain or preserve such evidence; provided, however, that nothing in this section shall be construed to authorize the seizure of a vehicle without a warrant where a warrant would otherwise be required;
7. The vehicle was in the possession of a person taken into custody by a law enforcement officer and no other reasonable disposition of the vehicle is available, or the vehicle was in the possession of a person arrested for a felony traffic violation;
8. A police officer reasonably believes that the vehicle's operator, in violation of state law, is driving while uninsured or without a valid driver's license and no other reasonable disposition of the vehicle is available; or
9. The vehicle is parked in the public rights of way or on other publicly owned or controlled property in violation of any law, ordinance, or regulation, and there are six (6) or more parking citations issued against the vehicle that have not been responded to, either by payment of the penalty or appearance at a hearing, for at least thirty (30) days from the date of the filing of the sixth parking citation.
B. Vehicle Impoundment After Notice: A vehicle not subject to impoundment under subsection A of this section may be impounded with notice in compliance with this section. Notice of such proposed impoundment must be securely attached to and conspicuously displayed on the vehicle for a period of forty eight (48) hours prior to such impoundment. Where the vehicle's owner is ascertainable, if possible, verbal notice must be attempted via telephone or at the registered owner's address. A vehicle may only be towed with notice for the following reasons:
1. When such vehicle is parked and/or used in violation of any law, ordinance, or regulation;
2. When such vehicle is an abandoned or junked vehicle (state code 41-6a-1408 defines abandoned as left unattended for 48 hours on a highway or road); or
3. When such vehicle is so mechanically defective as to be unsafe for operation, provided, however, that this section shall not be construed to prevent the operation of any such defective vehicle to a place for correction of defective equipment in the manner directed by a police officer.
C. Notice Of Impoundment:
1. After a vehicle has been towed pursuant to this section, notice shall be provided to the registered owner(s) and any other person(s) who reasonably appears to have an interest in the vehicle. Notice will be mailed to such person(s) within twenty four (24) hours after the towing of the vehicle, Sundays and holidays excluded, and will state:
a. That the vehicle has been towed, and a description of the vehicle, including the make, model, color, year, license, and vehicle identification number;
b. The location of the vehicle and that it may be reclaimed only upon evidence that the claimant is the owner or person entitled to possession;
c. The address and telephone number of the person or facility that may be contacted for information of the charges that must be paid before the vehicle will be released and the procedures for obtaining the release of the vehicle;
d. That the vehicle and its contents are subject to a lien for the towing and storage charges, and a vehicle not claimed within thirty (30) days after the mailing date of the notice is subject to sale pursuant to state and local law;
e. That the owner may request a hearing concerning the legality of the impoundment, and the method for requesting such a hearing; and
f. An itemized statement of the amount due and to whom payable for removal and storage of the vehicle at the time of notice.
2. Notice need not be mailed when a vehicle does not display license plates or other identifying markings by which the registration or ownership of the vehicle can be determined, or when the identity of the owner of the vehicle is not available from the appropriate motor vehicle licensing and registration authority.
D. Redemption Of Impounded Vehicles: Vehicles impounded by the city shall be redeemed only under the following circumstances:
1. Only the registered owner, or a person authorized by the registered owner, may redeem an impounded vehicle. A person redeeming an impounded vehicle must produce a valid driver's license.
E. Request For Hearing On Impoundment:
1. The mayor of Logan shall appoint a qualified individual to serve as the hearing officer.
2. After a vehicle has been impounded pursuant to this section, the registered owner(s) and any other person(s) who reasonably appears to have an interest in the vehicle is entitled to request a hearing to contest the validity of the impoundment of the vehicle. The request for a hearing must be in writing and filed with Logan City police department. The request for hearing must state the grounds upon which the person requesting the hearing believes the impoundment is invalid or unjustified, and such other information as the hearing officer may require.
3. The hearing officer shall set and conduct an administrative hearing on the matter within fourteen (14) days of receipt of a proper request filed pursuant to this section, except where a vehicle has not yet been released from impoundment, in which case the hearing officer will set and conduct the hearing within seventy two (72) hours of receipt of the request, not including Saturdays, Sundays, or federally sanctioned holidays.
4. The owner(s) and any other person(s) who has an interest in the vehicle is only entitled to one hearing for each tow of that vehicle. Any person who fails to appear at the hearing without good cause will not be entitled to have such hearing rescheduled.
F. Hearing Procedure:
1. The hearing shall afford a reasonable opportunity for a person(s) to demonstrate by the statements of witnesses and other evidence that the impoundment of the vehicle was invalid or unjustified. The hearing officer shall establish the necessary rules and regulations regarding the conduct of such hearings.
2. The hearing officer shall determine whether the impoundment was proper and whether the removal, towing, storage, and administrative fees were proper. The hearing officer shall not have the authority to determine the validity of a parking citation unless the time for filing a request for a hearing on the parking citation has not passed, in which case the hearing officer has discretion to consolidate the impoundment hearing and the parking citation hearing.
G. Result Of Hearing:
1. If the hearing officer finds that the impoundment of the vehicle was invalid or unjustified, the hearing officer will order the vehicle to be immediately released, and the owner(s) or any other person(s) who has an interest in the vehicle shall not be held liable for any tow and/or storage charges. If the costs of impoundment and the administrative fee have already been paid, the hearing officer shall enter judgment against the city in the amount of the costs of impoundment.
2. If the hearing officer finds that the impoundment of the vehicle was valid and justified, the hearing officer will order that the vehicle continue to be held until the appropriate fees are paid.
3. No determination of facts made at a hearing under this section shall have any collateral estoppel effect on subsequent criminal prosecution and shall not preclude litigation of those same facts in a subsequent criminal prosecution.
4. The decision of the hearing officer shall be the final decision by the city. Any person aggrieved by a decision may file a petition for judicial review in a court of competent jurisdiction. (Ord. 16-07, 2016)
The owner of an impounded vehicle may reclaim and obtain the release thereof upon and only upon full compliance with the following conditions precedent:
A. The owner shall furnish to the chief of police or the chief's authorized representative satisfactory evidence of the owner's identity and his or her ownership of the vehicle.
B. The owner shall pay to the city a pound service fee of fifty dollars ($50.00), which fee is levied upon the impounding of every such vehicle. Such sum is determined to be the reasonable cost of impounding a vehicle.
C. The owner shall pay to the city all of its storage costs and expenses incident to storing the vehicle in the authorized vehicle pound and to giving notice of the impounding thereof. In cases where a vehicle has been impounded pursuant to this chapter as originally adopted or as amended, in a vehicle pound maintained and operated by the city, the owner shall pay to the city storage charges at the rate of fifty cents ($0.50) per day or fraction thereof during the first thirty (30) days of storage and at the rate of five dollars ($5.00) per month thereafter which charges are determined to be the reasonable cost of storing and keeping an impounded vehicle by the city.
D. If a criminal charge is made against the owner of such vehicle for the illegal parking thereof or for the operation thereof while the vehicle is improperly registered or without proper license plates, the owner shall sign a written promise to appear at a time certain, as fixed by the chief of police or the chief's representative to answer such charge, or, if required by the chief of police or the chief's representative, shall post bail to secure such appearance before such vehicle is released.
E. The owner shall obtain the written order of the chief of police or the chief's representative directing the release of the vehicle by the poundkeeper and upon receiving the vehicle she or he shall execute a written receipt therefor.
F. In cases where a vehicle has been impounded, as hereinafter provided, by reason of the vehicle having been improperly registered or stolen, or by reason of the obliteration of motor or manufacturer's number or identification marks, such vehicle shall not be released, in any event, until the requirements of Utah Code Annotated 41-1-115 and 41-1-116, 1953, shall have been satisfied.
G. The chief of police after obtaining approval of the municipal council may designate any garage in the city as an authorized vehicle pound. (Ord. 13-10, 2013: prior code § 42-14-5)
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