(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OWNER. The titleholder of a vehicle; or a conditional vendee or lessee if the vehicle is subject to a conditional sales agreement or lease.
PARKING. The standing of an unoccupied or occupied vehicle on a street, road or highway for a purpose other than loading or unloading or obeying traffic regulations.
ROADWAY. That part of a street, road or highway improved, designed or ordinarily used for vehicular travel.
VEHICLE. Every device in, upon or by which any person or property may be transported upon a highway, except devices moved solely by human or animal power.
(B) No person shall park a vehicle in such a manner as to obstruct the removal of snow from streets and alleys during snow removal operation.
(C) Snow removal operations. When there is snowfall, no one shall park any motor vehicle on the streets, alleys, boulevards, or public grounds (except for municipal parking lots) within corporate limits of the city until snowfall has ceased and the street has been plowed curb to curb, except as provided in division (2) below herein.
(1) Any motor vehicle in violation of the above may be immediately removed and impounded by the Police Department.
(2) Parking shall be permitted on Whitewater Avenue during snow removal operations between 6th Street and l5th Street between the hours of 6:00 a.m. and 6:00 p.m.
(D) (1) Impoundment. Vehicles removed and impounded by the Police Department shall be surrendered to the duly identified owner only after the following criteria have been met:
(a) The owner has shown proof of identification and ownership;
(b) The owner has shown proof of insurance and current registration of the vehicle; and
(c) All costs of towing and storage have been paid to the tow operator.
(2) Owner responsible.
(a) The fact that a motor vehicle is parked in violation of this section shall be prima facie evidence that the owner of the vehicle, (or for a leased motor vehicle, the lessee of the vehicle) is guilty of a petty misdemeanor, punishable by a fine of not more than $300.
(b) The owner or lessee may not be fined under this provision if:
1. Another person is convicted of the same violation; or
2. The motor vehicle was reported as stolen before the time of the violation.
(c) The removal or impoundment of a vehicle under this section does not preclude citation and prosecution for violation as a petty misdemeanor, or for an administrative fine.
(Ord. 466, passed 2-24-2003; Am. Ord. 475, passed 11-10-2003; Am. Ord. 521, passed 12-9-2008
) Penalty, see § 10.99