(a) The following streets within the City of Martinsburg are designated as snow emergency routes:
(1) Queen Street, from Commerce Street to Stephen Street.
(2) King Street, from Spring Street to Charles Street.
(3) Any other streets within the City of Martinsburg which may be subsequently designated by the Chief of Police as snow emergency routes and when so designated, appropriately signed as hereafter prescribed.
(b) After said streets, road, highways, alleys and thoroughfares have been designated and signed as snow emergency routes, and after a four inch snowfall has occurred, it shall be unlawful for any person operating a motor vehicle to travel or attempt to travel within the boundaries of said streets designated as snow emergency routes including the normal on-street parking areas on said streets and become stalled or to block traffic when said vehicle is not equipped with chains or both driving wheels are equipped with snow tires or 4-wheel drive vehicles engaged in 4-wheel drive mode. For the purposes of this section, snow tires shall mean those tires which are normally designated by the manufacturer as snow tires, or such tires as may be approved by the Commissioner of Motor Vehicles or some other authority prescribed by laws of the State of West Virginia as meeting the standards of effectiveness required of normally designated snow tires, and shall be in good state of repair.
(c) Once in effect, a prohibition under this section shall remain in effect until terminated by announcement of the Police Chief. While the prohibition is in effect, no person shall park or allow to remain parked, any vehicle on any portion of a snow emergency route to which it applies. However, 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.
(d) Whenever a vehicle becomes stalled for any reason, whether or not in violation of this section, on any part of a snow emergency route on which there is a covering of snow, sleet or ice 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 of such snow emergency route. No person shall abandon or leave the vehicle unattended in the roadway of a snow emergency route, except for the purpose of securing assistance within a reasonable time and by contacting the Martinsburg Police Department immediately.
(e) Any provision of this section which becomes effective by declaration of the Chief of Police or upon the occurrence of certain weather conditions shall, while temporarily in effect, take precedence over 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, nor shall it take precedence over provisions of the Code of the State of West Virginia.
(f) On each street designated by this section as a snow emergency route, the City of Martinsburg shall post a special sign at the beginning of each block of the snow emergency route to wit: "Snow Emergency Route. No Parking During Emergency. Tow Away Zone." These signs shall be distinctive and uniform in appearance and shall be plainly readable to persons traveling on the street or highway.
(g) Members of the Police Department are hereby authorized to remove or have removed a vehicle from a street to a garage or other place of safety, and take necessary traffic enforcement action, when:
(1) The vehicle is parked on a part of a snow emergency route on which a parking prohibition is in effect.
(2) The vehicle is stalled on a part of a snow emergency route on which there is a covering of snow, sleet or ice or on which there is a parking prohibition in effect and the person who was operating such vehicle does not appear to be removing it in accordance with the provisions of this section.
(3) The vehicle is parked in violation of any parking ordinance or provision of law and is interfering or about to interfere with snow removal operations.
(4) Whenever an officer removes or has removed a vehicle from a street as authorized in this section and the officer knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, such officer shall immediately give or cause to be given notice in writing within twenty-four hours to such owner of the fact of such removal and the reasons therefore and of the place to which such vehicle has been removed. In the event any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage.
(5) 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 where 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.
(6) 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; its final disposition; and the parking violation, if any.
(7) This subsection shall be supplemental to any other provisions of law granting members of the Police Department authority to remove vehicles.
(h) Whenever any motor vehicle without a driver is found parked or left in violation of any provision of this section and is not removed and impounded as provided for in this section, the officer finding such vehicle shall take its registration number and any other information displayed on the vehicle which may identify its user and shall conspicuously affix to such vehicle, a traffic citation, on a form provided by the Police Department.
(i) In any prosecution with regard to a vehicle parked or left in a place or in a condition in violation of any provision of this section, proof that the particular vehicle described in the complaint was parked or left in violation of a provision of this section together with proof that the defendant named in the complaint was at the time the registered owner of such vehicle, shall constitute prima facie evidence that the defendant was the person who parked or left the vehicle in violation of this section. Said presumption shall be rebuttable.
(j) Any person violating any of the provisions of this section shall be guilty of a misdemeanor, and be fined a minimum of thirty-five dollars ($35.00) for each offense.
(Ord. 93-12. Passed 6-10-93.)