(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ROADWAY. That portion of a street or highway, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder.
SNOW EMERGENCY. A condition to be declared to be such by the Superintendent of Public Works upon consultation with the President of the Town Council and Town Metropolitan Police Department.
SNOW EMERGENCY ROUTE. Those public streets or roadways marked as such in accordance with the provisions of this section.
(B) Declaration of parking prohibition on snow emergency routes.
(1) Whenever the Superintendent of Public Works, upon consultation with the President of the Town Council and Town Metropolitan Police Department, finds, on the bases of falling snow, sleet or freezing rain or on the basis of a forecast by the U. S. Weather Bureau or other weather service of snow, sleet or freezing rain, that weather conditions will make it necessary that motor vehicle traffic be expedited and that parking on designated town streets be prohibited or restricted for snow plowing and other purposes, the Superintendent of Public Works shall put into effect a parking prohibition on parts of, or all snow emergency routes as necessary by declaring it in a manner prescribed by this section.
(2) Once in effect, a prohibition under this section shall remain in effect until terminated by announcement of the Superintendent of Public Works, upon consultation with the President of the Town Council and Town Metropolitan Police Department, in accordance with the provisions of this section; however, any street area which has become substantially clear of snow and ice from curb to curb for the length of the entire block shall be automatically excluded therefrom. 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.
(3) Any provision of this section which becomes effective by declaration of the Superintendent of Public Works or upon occurrence of certain weather conditions shall, while temporarily in effect, take precedence over other conflicting provisions of law normally in effect. However, it shall not take precedence over provisions of law relating to traffic accidents, emergency travel, authorized emergency vehicles or emergency traffic directions by a police officer.
(C) Announcement of declaration. The Superintendent of Public Works, upon consultation with the President of the Town Council and Town Metropolitan Police Department, shall cause each declaration made by him or her pursuant to this section to be publicly announced by means of broadcasts with a normal operating range covering the town, and he or she may cause the declaration to be further announced in newspapers of general circulation when feasible. Each announcement shall describe the action taken by the Superintendent of Public Works, including the time it became or will become effective, and shall specify the streets or areas affected. A parking prohibition declared by the Superintendent of Public Works shall go into effect when designated. The Superintendent of Public Works shall make or cause to be made a record of each time and date when any declaration is announced to the public in accordance with this section.
(D) Termination of parking prohibition. Whenever the Superintendent of Public Works finds upon consultation with the President of the Town Council and Town Metropolitan Police Department that some or all of the conditions which give rise to a parking prohibition in effect pursuant to the provisions of this section no longer exist, he or she may declare the prohibition terminated, in whole or in part, in a manner prescribed by this section, effective immediately upon announcement or such other time thereafter.
(E) Signs to mark snow emergency routes. On each street designated by this section as a snow emergency route, the Superintendent of Public Works shall cause to be posted appropriate special signs. These signs shall be distinctive and uniform in appearance and shall be plainly readable to persons traveling on the street or highway.
(F) Stalled vehicle on snow emergency route. 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 the vehicle shall take immediate action to have the vehicle towed or pushed off the roadway of the snow emergency route, either into the first cross street which is not a snow emergency route, or onto the public space of a nearby driveway. No person shall abandon or leave his or her vehicle in the roadway of a snow emergency route (regardless of whether he or she indicates by raising the hood or otherwise that the vehicle is stalled), except for the purpose of securing assistance during the actual time necessary to go to a nearby telephone or to a nearby garage, gasoline station, or other place of assistance and return without delay.
(G) Removal and impoundment of vehicles.
(1) Members of the Town Metropolitan Police Department are hereby authorized to remove or have removed a vehicle from a street to the nearest garage or other place of safety, including another place on a street, or to a garage designated or maintained by the Police Department or otherwise maintained by the town, under the following circumstances or conditions:
(a) The vehicle is parked on a part of a snow emergency route on which a parking prohibition is in effect;
(b) 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 the vehicle does not appear to be removing it in accordance with the provisions of division (F) of this section; or
(c) 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.
(2) Whenever a police 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, the police officer shall immediately give or cause to be given notice in writing to the owner of the fact of the removal, the reasons therefore, and the place to which the vehicle has been removed. In the event the vehicle is stored in a public garage, a copy of the notice shall be given to the proprietor of the garage.
(3) Whenever a police officer removes or has removed a vehicle from a street under this section and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as provided in subsection (2) above, and in the event the vehicle is not returned to the owner within a period three days, then the officer shall immediately send or cause to be sent a written report of the removal by mail to the Bureau of Motor Vehicles whose duly it is to register motor vehicles, and shall file a copy of the notice with the proprietor of any public garage in which the vehicle may be stored. The notice shall include a complete description of the vehicle, the date, time, and place from which it was removed, the reasons for the removal, and the name of the garage or place where the vehicle is stored.
(4) It shall be the duty of the Town Metropolitan 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, the place from where it was removed, its location after removal, the name and address of its owner and last operator, if known, its final disposition, and the parking violation involved.
(5) This section shall be supplemental to any other provisions of law granting members of the Town Metropolitan Police Department authority to remove vehicles.
(H) Recovery of impounded vehicles.
(1) No person shall recover any vehicle removed in accordance with division (G) except as provided in this subsection (1). Before the owner or person in charge of the vehicle shall be allowed to recover it from the place where it has been placed or impounded, he or she shall present to a member of the Town Metropolitan Police Department evidence of his or her identity and right to possession of the vehicle; sign a receipt for its return; and pay the reasonable towing and storage charges.
(2) If the vehicle is not recovered within 15 days, abandoned vehicle regulations shall apply.
(I) Citation on vehicles in violation. 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 police officer finding the vehicle shall take its registration number and any other information displayed on the vehicle which may identify its user, and shall conspicuously affix a traffic summons.
(J) Evidence that vehicle was in violation. 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 the vehicle, shall constitute prima facie evidence that the defendant was the person who parked or left the vehicle in violation of this section.
(K) Citation. An officer of the Town Metropolitan Police Department may issue a town ordinance violation citation to a person who violates this section.
(Ord. 28-96, passed 12-9-1996) Penalty, see § 71.99