(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MOTOR VEHICLE. Any vehicle that is operated by means other than muscular power.
PERSON. Any natural person, company, corporation, partnership, joint venture, unincorporated association, or any combination thereof.
(B) The provisions of this section are applicable to all streets in the city.
(C) No person shall cause or permit any motor vehicle to be located upon the pavement or right-of-way of any portion of any street in the city at any time during which a snow emergency has been declared by the Mayor or the Mayor’s designee.
(D) A snow emergency shall be declared by the Mayor or the Mayor’s designee, at such time as he or she determines that falling snow, sleet, or freezing rain requires restrictions of vehicular traffic for the purpose of plowing, cleaning of snow or ice, or at such time as three inches or more of new snow has fallen.
(E) Upon the declaration of any snow emergency, the Mayor or the Mayor's designee shall, as soon as possible, notify local radio stations, television stations, newspapers, and other members of the news media as will, in the judgment of the Mayor or Mayor's designee, afford the earliest and best information to persons using the public ways of the city of the existence of the snow emergency. The Mayor or Mayor's designee should also attempt, to the extent possible, to get the notification placed on the city's website. In notifying the members of the news media, the Mayor or Mayor's designee shall request that the notice of the snow emergency and its requirements be broadcast or published as soon as possible. No other notices of the existence of the snow emergency shall be required. Owners and operators of motor vehicles shall be deemed to have notice of the snow emergency two hours after the broadcast or publishing of the announcement and are subject to the prohibitions of this section. Posting on the city's website constitutes official notice.
(F) The head of Public Works of the city is hereby authorized and directed to install at all entrance points to the city signs containing the following information:
NO PARKING ON CITY STREETS DURING A DECLARED SNOW EMERGENCY |
(G) A vehicle parked on the pavement or right-of-way of any dedicated street at the time a snow emergency is declared shall be removed from the street within three hours if a snow emergency is declared between 6:00 a.m. and 8:00 p.m. If declared between 8:00 p.m. and 6:00 a.m., the vehicle shall be removed prior to 9:00 a.m. of that morning. The owner or operator of a motor vehicle found in violation of this section shall be responsible for all towing and storage costs for such vehicle during the snow emergency.
(H) All peace officers of the commonwealth are hereby authorized and directed to cause all motor vehicles located upon any portion of the streets of the city in violation of the terms of this section to be removed from said streets. Additionally, all peace officers of the Commonwealth of Kentucky are hereby authorized and directed to cite all motor vehicles located upon any portion of the streets of the city in violation of the terms of this section in the following manner:
(1) A citation shall be issued and served by regular U.S. mail service upon the registered owner or lessee of the vehicle in violation of this section.
(2) Any person violating the provisions of this section shall be fined $25 which shall become due and payable to the City Clerk of the city within ten days of the date of the issuance of the citation.
(3) The amount of the fine shall double if not paid within 30 days of the date of issuance of the citation.
(I) In any prosecution for a violation of the terms and provisions of this section, it shall be presumed in the absence of conclusive evidence to the contrary that the person to whom the motor vehicle is registered caused or permitted the vehicle to be in violation of this section.
(2010 Code, § 72.09) (Ord. 8, 2014, passed 5-14-2014) Penalty, see § 72.99