TITLE 6
MOTOR VEHICLES AND TRAFFIC
CHAPTER 1
GENERAL TRAFFIC PROVISIONS
SECTION:
6-1-1: Idaho Motor Vehicle Code Adopted
6-1-2: U-Turns
6-1-3: Parking
6-1-4: Speed And Load Limits
6-1-5: Negligent Vehicle Impoundment Fee
6-1-6: Air Compression Brakes
6-1-1: IDAHO MOTOR VEHICLE CODE ADOPTED:
   A.    Adoption Of Title 49, Idaho Motor Vehicle Code: The City hereby adopts title 49, Idaho Motor Vehicle Code, in its entirety and any future amendments and revisions of said Code, as its own Municipal ordinance.
   B.    Public Inspection Of Code: A copy of title 49, Idaho Motor Vehicle Code, will be readily available for public inspection during normal City Hall business hours. (Ord. 341, 1-17-1989)
6-1-2: U-TURNS:
   A.    It shall be unlawful for the driver of any vehicle to make a reverse or U-turn at any point on Maine Street between Salishan Way and 5th Avenue, inclusive; and it shall also be unlawful to make any such turn on any intersecting street within fifty feet (50') of Maine Street.
Violation of this section is an infraction. The monetary penalty shall be the same as provided by Idaho Code. (Ord. 552, 12-10-2013)
6-1-3: PARKING:
   A.    No Parking Zones: There shall be no parking of any vehicles during prohibited periods listed in subsection B of this section on Maine Street from the west City limits to 5th Avenue, inclusive.
   B.    Dates; Hours:
      1.    Prohibited calendar dates shall be from November 1 through March 31.
      2.    Prohibited hours shall be from two o'clock (2:00) A.M. through six o'clock (6:00) A.M., inclusive.
   C.    Snow Removal; Obstruction Prohibited: It shall be illegal for any vehicle to be parked in such a manner so as to inhibit snow removal operations after notification to the owner/operator by a City employee or official.
   D.    Sign Placement: The Police Department is authorized to cause the placement of the appropriate signs or barricades designating prohibited parking. (Ord. 506, 1-9-2007)
   E.    Penalty:
      1.    Violations:
         a.    A violation of any of the parking provisions set out in this Code shall be an infraction unless another penalty is provided by State law, and, upon being found to have violated a traffic provision of this Code, shall be penalized as allowed by State law.
         b.    A violation of any of the parking provisions set out in this Code shall be punishable by a civil penalty in an amount established by resolution of the City Council as set forth in and enforced pursuant to subsection E2 of this section.
         c.    Nothing in this subsection E shall limit the ability of the City to impound vehicles.
      2.    Charges For Violation:
         a.    Any person violating any of the parking provisions set forth in this Code may be assessed a civil penalty for each violation. The civil penalties for each violation shall be established by resolution of the City Council.
         b.    Any police officer observing any parking violation may issue a ticket describing such violation and the charge assessed for the violation to the person committing the violation. The ticket shall be payable to the City of Spirit Lake within ten (10) days of the violation. Failure to pay the civil assessment set forth on the parking ticket shall result in further action being taken by the City as set forth in subsection E4 of this section.
      3.    Vehicle Ownership As Evidence:
         a.    In any prosecution against the registered owner of a motor vehicle charging a violation of any regulation governing the standing or parking of a vehicle under any ordinance of the City of Spirit Lake, proof that the particular vehicle described in the complaint was parked in violation of any such ordinance, together with proof that the defendant named in the complaint was, at the time of parking, the registered owner of the vehicle, shall constitute prima facie evidence that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred. For the purposes of this subsection, proof that a person is the registered owner of a vehicle is not prima facie evidence that the registered owner has violated any other provision of law. Proof of a written lease or of rental agreement for a particular vehicle described in the complaint on the date and time of the violation, which lease or rental agreement includes the name and address of the person to whom the vehicle is leased or rented, shall rebut the prima facie evidence that the registered owner was the person who parked or placed vehicle at the time and place where the violations occurred.
         b.    In any prosecution against the lessee or renter of a motor vehicle charging a violation of any regulation governing the standing or parking of a vehicle under any ordinance of the City of Spirit Lake, proof that the particular vehicle described in the complaint was parked in violation of any provision of the ordinance, together with proof that the defendant named in the complaint was, at the time of parking, the lessee or renter of the vehicle, shall constitute prima facie evidence that the lessee or renter of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred. For the purposes of this subsection, proof that a person is the lessee or renter of a vehicle is not prima facie evidence that the lessee or renter has violated any other provision of this law.
         c.    Any charge under such ordinance shall be dismissed when the person charged has made a bona fide sale or transfer of the vehicle, has delivered possession thereof to the purchaser, and has complied with the requirements of chapter 4, title 49 of the Idaho Code prior to the date of the alleged violation and has advised the court of the name and address of the purchaser and the date of the sale.
      4.    Failure To Pay Civil Penalty For Parking Violation:
         a.    In the event any person fails or refuses to pay the civil penalty assessed for a parking violation, the City shall take such action as is necessary for collection of the civil assessment.
         b.    Collection actions may include, but are not limited to, initiating collection procedures via a debt collection service, filing a civil lawsuit for collection of the unpaid penalty(ies) and, subject to subsection E4c of this section, filing a misdemeanor complaint. Provided, further, the City shall be entitled to all fees, costs, and attorney fees incurred in the collection of such fees and, upon entry of judgment, the City shall have each, every, and all rights of enforcement of a judgment as provided by Idaho Code.
         c.    The failure to pay four (4) or more civil penalties assessed for a parking violation shall constitute a misdemeanor unless an infraction penalty is either specifically provided for such violation or necessitated by operation of law. Any person convicted of a misdemeanor under this subsection E shall be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment not to exceed one hundred eighty (180) days, or by both such fine and imprisonment.
      5.    Appeal:
         a.    A person wanting to file an appeal for a parking violation shall file a written notice of appeal, on a form approved by the City Council, within ten (10) calendar days of the issuance of the civil assessment (parking ticket).
         b.    The Mayor or the Mayor's designee shall review the written appeal and shall issue a written determination within fifteen (15) days of the filing of the notice of appeal.
         c.    If the appeal is denied, the parking ticket shall be deemed valid and a written determination, setting forth the reasons for the denial, shall be forwarded to the appellant at the address set forth in the notice of appeal. The appellant shall then be required to pay the civil assessment by the due date set forth in the written denial of appeal. Failure to pay the assessment shall subject the appellant to the collection procedures set forth in subsection E4 of this section.
         d.    If the appeal is granted, the parking civil assessment shall be voided, and the appellant shall not be required to take further action. (Ord. 577, 1-19-2018)
6-1-4: SPEED AND LOAD LIMITS:
   A.    Speed Limit Established: Except as provided by the Idaho motor vehicle laws and/or ordinances of the City in all residential neighborhoods located in urban districts in the City, it is hereby found and declared that the thirty five (35) miles per hour speed limit established under title 49, Idaho Motor Vehicle Code, is greater than is reasonable and safe and that a reasonable and safe maximum speed is fifteen (15) miles per hour, unless otherwise posted.
   B.    Protection Of Roads: Whenever in the judgment of the Mayor or the City Engineer the operation on any road within the City of vehicles of sizes, weights and at rates of speed permissible by law will cause damage to the road by reason of climatic or other conditions, they shall have authority to limit the permissible sizes, weights or speeds of vehicles operated on such roads within the City for such periods as may be necessary for the protection of the road or for public safety.
   C.    Excess Speed Prohibited: It shall be unlawful to operate a vehicle on streets or highways within the City limits in excess of the posted speed limit or in violation of the weight and size limits.
   D.    Penalty: Any person found guilty of violating this section shall be subject to the penalties set forth in title 49, Idaho Motor Vehicle Code. (Ord. 467, 2-11-2003)
6-1-5: NEGLIGENT VEHICLE IMPOUNDMENT FEE:
   A.    There is hereby authorized and established a negligent vehicle impoundment fee to be imposed upon the owner of every motor vehicle impounded by the City of Spirit Lake Police Department wherein the impoundment is made necessary by the negligent or otherwise irresponsible acts of the vehicle owner. Among the causes deemed to be negligent conduct which require the impoundment of a motor vehicle are:
      1.    Driving with a suspended or expired driver's license,
      2.    Driving with expired vehicle registration,
      3.    Vehicle abandonment or illegal or unsafe parking,
      4.    Driving under the influence of alcohol or drugs,
      5.    Any related circumstance during which the operator of a motor vehicle is arrested.
   B.    Such fees shall be officially established at the rate of twenty five dollars ($25.00) per impoundment (in addition to towing and storage fees) and such fee shall be paid before an impounded vehicle is released from the care or custody of the impound yard. The Chief of Police is hereby authorized to work with the City Administrator and other City personnel to assure that methods of collection of the negligent impound fee are established and applied. By this section, the Council further authorizes the fee to be modified by subsequent resolution upon a showing satisfactory to the City Council that the costs of the administrative processing of impounded vehicles changes such that the appropriate fee amount should be changed. (Ord. 442, 2-8-2000)
6-1-6: AIR COMPRESSION BRAKES:
   A.    Use Of Air Compression Brakes Prohibited: The use of air compression brakes (also known as "jake brakes") by vehicles or trucks, as defined in Idaho Code title 49, chapter 1, within City limits is hereby prohibited and shall be unlawful, except under emergency circumstances where the use of air compression brakes is necessary to prevent an accident or injury to persons or property.
   B.    Penalties: Any person who violates any provision of this section shall be deemed to have committed an infraction punishable by a fine of one hundred dollars ($100.00). (Ord. 490, 9-6-2005)