ORDINANCE No. 24.001

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MANHATTAN, MONTANA AMENDING TITLE 6, SECTION 4 OF THE MANHATTAN MUNICIPAL CODE, TO PROHIBIT PARKING ON CERTAIN STREETS IN TOWN, TO PROVIDE A PROCESS FOR ENFORCING THE ORDINANCE AND TO PROVIDE FOR REMOVAL OF SUCH VEHICLES

WHEREAS, the Town Council of the Town of Manhattan believes that

amending the Town’s parking ordinance as set out on the attached Exhibit A, is in the interests of the health and safety of the citizens of the Town; and

WHEREAS, the Town Council finds that long term parking on public right

of ways, streets, sidewalks and public grounds is detrimental to the use, enjoyment, value of property and creates safety issues with impeding traffic within the Town; and;

   WHEREAS, §7-14-4102, MCA, provides, in part, the Town may regulate and prohibit traffic and sales upon the streets, sidewalks, street crossing, curbs, gutters, and public grounds and §61-12-101, MCA, provides that the Town can regulate the standing or parking of vehicles as long as the laws are not in conflict with state law; and

   WHEREAS, §61-8-356, MCA, prohibits a vehicle from being left upon a right of way of a public highway for a period longer than 48 hours or upon a city street or state, county, or city property for a period longer than 5 days; and

WHEREAS, the intent of this ordinance is to limit the effect long term

parking on a public right of way has on the citizens of the Town, including aesthetics on adjacent landowners, citizens, and visitors to the Town and to make such public rights of way safer for the citizens of the Town of Manhattan; and;

WHEREAS, the Manhattan City-County Planning Board held a public 

hearing regarding the proposed changes on November 15, 2023, at which time the Board recommended adoption of the amendment; and;

WHEREAS, the Manhattan Town Council held a public hearing 

regarding the proposed changes on February 15, 2024 and

WHEREAS, based upon the information presented at the public hearing,

the recommendation from the Planning Board, advice from the Town Attorney, and the recommendation from the Town's Planning Consultant, the Town Council voted to approve the amendment, finding that the proposed amendments set out on Exhibit A meet all necessary criteria;

NOW THEREFORE, BE IT ORDAINED by the Town Council of 

the Town of Manhattan that the following amendments be made to the Municipal Code of the Town of Manhattan, effectively amending various provisions of Title 6, Section 4 of the Manhattan Municipal Code as set out in Exhibit A, attached.

REPEALER:   All ordinances and parts of ordinances in conflict with provisions of this ordinance, except as provided above, are hereby amended or repealed.

EFFECTIVE DATE: This ordinance shall be in full force and effect thirty (30) days after final adoption by the Town Council of the Town of Manhattan.

SEVERABILITY:  If any portion of this ordinance or the application therefore to any person or circumstance is held invalid, such invalidity shall not affect other provisions of this ordinance which may be given effect without the invalid provisions or application and, to this end, the provisions of this ordinance are declared to be severable.

PASSED BY the Town Council and approved by the Mayor of the Town of Manhattan, Montana, this 15th day of February 2024.

______________________

Traig Howells, Mayor

ATTEST:

____________________________

Clerk/Treasurer

EXHIBIT “A” TO ORDINANCE NO. 24-001

Title 6, Chapter 4, Part 1

6-4-1:   DEFINITIONS:

A.   Vehicle means a device in, on, or by which any person or property may be transported or drawn on a public highway, except devices moved by animal power or used exclusively on stationary rails or tracks. The term does not include a manually or mechanically propelled wheelchair or other low-powered, mechanically propelled vehicle that is designed specifically for use by a physically disabled person and that is used as a means of mobility for that person, boats, campers, RV’s.

B.   Abandoned vehicle shall mean any vehicle in violation of this Chapter.

C.   Person means any natural person, association, partnership, corporation, firm, sorority, fraternity, association or organization of whatever name or nature. Person shall further include an agent, occupant, property owner, lessee, contract purchaser, manager, employee, or person having possession or control of a property, or a person supervising construction.

D.   Property owner means a property owner as recorded with the county in which the property is located.

E.   Tenant means any person who has an interest in real property either by oral or written lease or covenant.

F.   “Public right-of-way” means all real property (including property owned in fee or obtained through easement or dedication) administered by the Town and which is used for transportation purposes, including streets, roads, bridges, alleys, sidewalks and boulevards, trails, paths, and other public ways.

6-4-2: PRIVATE PROPERTY:

A.   Consent Required: No person shall stand or park a vehicle on any private lot or lot area without the express or implied consent of the owner thereof.

B.   Lot Or Area Posted No Parking: Whenever signs or markings have been erected on any lot or lot area, contiguous or adjacent to a street, thoroughfare, or alley, indicating that no vehicles are permitted to stand or park thereon, it shall be unlawful for any person to drive a vehicle across any curb or lot line or over any driveway from a street or alley into said lot or area for the purpose of standing or parking such vehicle, or, for any person to stop, stand, or park any vehicle in such lot or lot area. (1977 Code § 10.24.080)

6-4-3: OBSTRUCTION OF TRAFFIC:

No person shall park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to leave available less than ten feet (10') of the width of the roadway for free movement of vehicular traffic. (1977 Code § 10.24.090).

No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic, or in compliance with the directions of a police or traffic control officer or highway patrolman in any of the following places:

A.   On a sidewalk, walkways, and trails.

B.   In front of a public or private driveway.

C.   Within an intersection or within fifteen feet (15') of an intersection.

D.   Within fifteen feet (15') of a fire hydrant.

E.   On a crosswalk, or within twenty feet (20') of a crosswalk when marked by painted lines and designated by a sign.

F.   Within twenty feet (20') of a crosswalk at an intersection.

G.   Within twenty feet (20') of the approach to any traffic signal, stop sign or other traffic control device located at the side of a roadway.

H.   Within fifty feet (50’) of the nearest rail of a railroad crossing.

I.   Within twenty feet (20’) of the driveway entrance to any fire station, police station, or an emergency medical service, and on the side of a street opposite the entrance to any fire station, police station, or an emergency medical service.

J.   Alongside or opposite any street excavation or construction when stopping or parking would obstruct the flow of traffic; or leave less than twenty feet (20') of available roadway from the free movement of traffic.

K.   On the roadway side of any vehicle stopped or parked at the edge of a curb, roadway, or street.

L.   Upon any bridge or elevated structure within the Town.

M.   At any place where official signs prohibit stopping or parking.

6-4-4: EXCEPTIONS:

The following condition and uses of property shall not be considered a violation of this chapter:

A.   In emergency situations as dictated by a law enforcement officer.

B.   In the case of a mechanical failure causing the vehicle to become inoperable. This is limited to the reasonable amount of time to move the vehicle from the roadway.

6-4-5: ALLEYS:

A.   Business District: No person shall stop, stand, or park any vehicle, whether occupied or not, within any alley in the business district at any time other than temporarily for the purpose of and while actually engaged in loading or unloading.

B.   Blocking Alley Prohibited: No person shall stop, stand, or park any vehicle, whether occupied or not, within any alley in the town in such a manner as to prevent the free movement of vehicular traffic or in such a position as to block the driving entrance to any abutting property, except when engaged in loading or unloading. (1977 Code § 10.24.100)

6-4-6: VEHICLES FOR TRANSPORT OF FLAMMABLE LIQUIDS RESTRICTED:

No tank truck, tank trailer or like vehicle containing, or used for, the transportation of gasoline, butane, fuel oil or other highly flammable liquid, shall be parked on any street, alley, public park or other public place, nor upon any private property in the town for a period longer than one hour; provided, that this restriction upon parking shall not be construed as to prevent the delivery of such liquids to retail gas stations or to private residences or business property for so long a period as is reasonably necessary to complete such delivery. (1977 Code § 10.24.120)

6-4-7: DESIGNATION OF PASSENGER AND FREIGHT LOADING ZONES:

The chief of police shall have authority to determine the location of passenger and freight loading zones and may erect and maintain, or cause to be maintained, appropriate signs indicating the same. (1977 Code § 10.24.130)

6-4-8: PASSENGER LOADING ZONES:

No person shall stop, stand, or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in a place marked as a passenger loading zone and then only for a period not to exceed three (3) minutes. (1977 Code § 10.24.140)

6-4-9: FREIGHT LOADING ZONE:

A.   Permitted Parking: No person shall stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pick up and loading of materials in a place marked as a freight loading zone.

B.   Loading/Unloading Passengers: The driver of a passenger vehicle may stop temporarily at a place marked as a freight loading zone for the purpose of, and while actually engaged in, loading or unloading passengers when such stopping does not cause interference with any motor vehicle used for the transportation of materials which is waiting to enter or about to enter such zone. (1977 Code § 10.24.150)

6-4-10: REAR ENTRANCE; ANGLE PARKING:

A.   Use Of Rear Entrance: At every pick-up and delivery point in the business district of the town where there is an accessible rear entrance, vehicles used for the transportation of merchandise and materials shall use such rear entrance.

B.   Permit Required: No person shall stand or park a vehicle at an angle to the curb for the purpose of loading or unloading, or for any purpose, when such vehicle so parked or standing extends into the street or roadway so as to impair the normal flow of traffic, unless a special permit for such parking or standing is issued by the mayor to cover emergency conditions. (1977 Code § 10.24.160)

C.   Angle Parking Exception: Northbound angle parking shall be allowed on the 100 block of South Fifth Street, on the east side of the street all along the length of the street between the alley and Gallatin Avenue. (Ord. 07-016, 12-11-2007)

6-4-11: DESIGNATION OF PUBLIC CARRIER STANDS:

The council may establish bus stops and taxicab stands and stands for other passenger common carrier motor vehicles on such public streets and in such places as they shall determine to be necessary or convenient for the public. Every such bus stop, taxicab stand, or other stand shall be designated by appropriate signs. (1977 Code § 10.24.170)

6-4-12: BUSES, PARKING OF REGULATED:

The driver of a bus shall not park upon any street in the business district at any place other than at a bus stop except when temporarily stopping in accordance with traffic control signals and other stopping or parking regulations. (1977 Code § 10.24.180)

6-4-13: USE OF BUS AND TAXICAB STANDS RESTRICTED:

No person shall stop, stand or park a vehicle other than a bus in a bus stop or stand, or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately signed. However, the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers, when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone. (1977 Code § 10.24.190).

6-4-14: NO PARKING OF CERTAIN VEHICLES:

It shall be unlawful at any time to park a motor vehicle:

A.   Giving off an offensive or disagreeable odor, or any tank truck, tank trailer or like vehicle containing or used for the transportation of gasoline, butane, fuel oil or other highly toxic flammable substance to be parked on any street, alley, park or other public place or upon any private property in the Town where it would create a hazard to life or adjacent property for a period longer than thirty (30) minutes; however, this restriction shall not be construed to prevent the delivery of such liquid to retail gas stations or to private residence or business or business property, but only for so long as is reasonably necessary to complete such delivery the property.

C.   No vehicles that are unregistered, inoperable, or visibly unsecured shall be parked on a public right of way.

D.   No vehicle parked in the public right of way may be occupied as living quarters except as set out in Title 7, Chapter 12 of this Code.

E.   No person shall park any vehicle, motor vehicle, or trailer upon any public right of way for the principal purpose of:

1.   Sale of the vehicle or trailer;

2.   Maintaining or repairing the vehicle, unless it is necessitated by an emergency rendering the vehicle inoperable.

3.   Displaying advertising;

4.   Washing, greasing, or repairing such vehicle, except for repairs necessitated by an emergency; or

5.   Selling merchandise or tickets, or soliciting subscriptions. (1977 Code § 10.24.200)

6-4-15: NO PARKING ON CERTAIN STREETS:

A.   Restricted Hours: Between the hours of three o'clock (3:00) A.M. and five o'clock (5:00) A.M., Monday through Thursday, it shall be unlawful to park any motor vehicle or leave any motor vehicle on the following described public streets: both sides of Main Street from 7th Street to 3rd Street, and from Main Street to Gallatin Avenue on South Broadway until a sidewalk is constructed. (Ord. 07-011, 7-10-2007)

B.   Signs: Signs shall be placed along these streets and avenues prohibiting the standing or parking of any motor vehicle during the previously listed hours. (1977 Code § 10.24.204)

C.   Violation: A violation of this section shall constitute a municipal infraction. Any person violating this section shall, upon conviction thereof, be punished as set forth in section 1-4-2 of this code. This offense shall not require any proof of mental state. Further, vehicles parked or standing on the above described streets in violation of this section shall be removed by towing from the street at the sole expense of the owner of the motor vehicle.

The owner of the vehicle shall be responsible for the costs associated with a violation of this chapter, including, but not limited to all costs of storage of the vehicle until the towing charge and any fines are paid. (Ord. 07-002, 2-13-2007)

D.   Streets Prohibited: There shall be no parking allowed on the south side of Main Street from the intersection with Manhattan Road South to the intersection with 8th Avenue. (Ord. 07-011, 7-10-2007)

6-4-16: PERPENDICULAR PARKING:

A.   Fulton Avenue: Perpendicular parking shall be allowed and authorized on the north side of Fulton Avenue between Broadway Avenue and North 5th Street within such hours and according to all other ordinances and laws applicable to parking on public ways, streets, and thoroughfares.

B.   Reservation Of Right: The town council reserves the right to amend, repeal, or otherwise modify this section and the designation of such parking at any time hereafter. (1977 Code § 10.24.205)

6-4-17: TIME LIMITS/TOWING:

No vehicle other than a vehicle belonging to the Town or as set out in Title 7, Chapter 12 of this Code, shall be parked on a public street, alley, roadway, or other way open to the public for more than three (3) days without being moved more than the length of the vehicle. A violation of this section may result in a citation to the vehicle owner, towing of the vehicle or both.

Any vehicle, other than a vehicle belonging to the Town, which has been parked on a public street, alley, or other way open to the public for more than three (3) days without being moved more than the length of the vehicle may be deemed abandoned. A written two (2) day notice of intent to remove and impound the vehicle shall be placed on a vehicle that has been deemed abandoned. The Town, or authorized agent of the Town, is authorized to remove or tow a vehicle to any appropriate location associated with the tow company any vehicle that has been deemed abandoned and not moved more than the length of the vehicle by the end of the two (2) day notice of intent to remove and impound the vehicle pursuant to the provisions above.

6-4-18: PENALTY:

Any person violating a provision of this chapter for which another penalty has not been provided shall, upon conviction thereof, be punished as set forth in section 1-4-2 of this code, including but not limited to abatement of the violation to include fines, fees, towing and impound costs. (1977 Code § 10.24.210)