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A. All motor vehicles shall park on the right hand side of the street with the outer edge of the motor vehicle parallel with the curb and within twelve inches (12") thereof, or as marked by parking stalls or designated signage. In delineated angled parking stalls, motor vehicles shall park within the designated lines with the right front wheel as close to the curb as possible.
B. Only compact and subcompact motor vehicles shall park in those parking areas specifically marked for such motor vehicles. For purposes of this title, "compact and subcompact motor vehicles" shall include only vehicles having a length of less than one hundred ninety inches (190").
C. No motor vehicle shall, when so parked in any authorized and marked parking space, extend into or encroach upon the driving lane as so painted and marked on any street or public right-of-way, nor shall any motor vehicle when so parked in any authorized and marked parking space extend into or encroach upon any adjacent parking space as so marked.
D. A person who violates this section shall be guilty of a misdemeanor and, upon conviction thereof, be subject to a fine as provided in the general penalty in section 1-4-1 of this Code. A person who violates this section shall also be deemed to have committed a Municipal infraction, and shall be assessed the civil penalty described in section 1-4-4 of this Code. For each separate incident, the City shall elect to treat the violation as a misdemeanor or a Municipal infraction, but not both. If a violation is repeated, the City may treat the initial violation as a misdemeanor and the repeat violation as a Municipal infraction, or vice versa. Each day that a violation remains shall constitute a separate violation. (Ord. A-85, 12-5-1955; amd. Ord. 09-20, 10-19-2009; Ord. 20-09, 6-2-2020)
A. No Parking Zones: The City Council shall establish no parking zones. No parking zones shall be designated by signage and/or curb markings and it is unlawful for any owner or operator of any vehicle to violate the provisions of city signed restrictions
B. Limited Parking:
1. Limited parking areas will be designated by signage and/or curb markings and it is unlawful for the owner or operator of any vehicle to violate the provisions of city signed restrictions.
2. The city manager or designee may establish limited parking areas within the City in accordance with the following:
a. A notice to establish the proposed limited parking area will be sent to all addresses on the same "block face" (defined for purposes of these regulations as the block in which a vehicle is parked, bordered by an intersection on each end) as the proposed area.
b. A notice of such proposed limited parking area will be posted in the proposed area. The notice must state the purpose of the proposed limited parking area, the tentative boundaries of the area, and that any interested persons shall be entitled to submit comments within a month of the posted notice.
c. A notice of the proposed limited parking area will be published in a newspaper published within Flathead County.
d. Within the month period, the city manager or designee will consider comments and thereafter will determine the effectiveness of the proposed limited parking area.
C. Time Restricted Parking: It is unlawful for any person to park any "vehicle," as defined in section 6-1-2 of this title, for more than the posted time as designated by signage.
D. Alley Parking Restrictions: No person may stop, stand or park a vehicle for any purpose other than for active loading or unloading of persons or materials in any alley. Vehicles engaged in active loading or unloading shall stand as close as possible to one side of the alley and in any case will so stand as to permit other vehicles to pass.
E. Parking Restrictions For The City Parking Facility Located At East Second Street And Baker Avenue:
1. It shall be unlawful for any person to park any vehicle in any parking space designated as a "leased" space in the City parking facility between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M., Monday through Friday (excluding City holidays), without a valid lease parking permit.
2. It shall be unlawful for any person to park any large commercial vehicle in any parking space in the City parking facility at any time.
3. It shall be unlawful for any person to allow any vehicle to remain in any parking space in the City parking facility for more than seven (7) calendar days. Any vehicle remaining in any parking space in the City parking facility shall be deemed abandoned and may be removed at the owner's expense.
4. It shall be unlawful for any vehicle to remain in any parking space that is not designated as a "leased" space for more than three (3) hours between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M., Monday through Friday (excluding City holidays).
F. No Re-parking:
1. No person may stop, stand or park any vehicle for a period longer than that designated by signs.
2. A vehicle will be deemed to have been parked longer than the posted time limit if it has not been moved at least "out of the block face" or out of the parking lot after expiration of the time limit indicated on the posted signage. A vehicle may not return to the initial "block face" for the remainder of the calendar day.
G. Temporary On-Street Parking Permits: Contractors, moving companies, service vendors, and other entities may need to park in the downtown area, on street, in excess of the two hour time limit, in order to complete a job or service. For these situations, a permit may be obtained with the following restrictions.
1. A permit application must be completed that includes:
a. Applicant name (business or individual) and contact information.
b. Client name and address at which construction, moving, or other service is being provided.
c. Start and end date.
d. Type of service being provided.
e. Vehicle License Plate Numbers, as applicable.
f. Reason the permit is necessary.
2. Licensed contractors, trades, and other service businesses are eligible for a "Temporary On Street Parking Permit."
3. Permit applications are limited to one permit per job site, and/or destination facility.
4. A permit holder must use traffic devices approved by the Manual for Uniform Traffic Control Devices (MUTCD) in order to 'reserve' specific parking space(s). This includes barricades, traffic candles, traffic cones, delineators, etc. Such traffic devices must be at least 36 inches high, in good condition, made with a high visibility color, and display a copy-of the valid permit.
5. A permit may be issued for a maximum of thirty calendar days after which a new application must be filed.
6. Permits are only for use with on street parking, within the time limited parking areas, during the posted hours for enforcement. The permit is not for use within any other parking area, and does not provide exemption from other parking regulations (restricted zone, disabled parking, etc.). The permit does not entitle the permit holder to engage in retail or other commercial activity.
7. Permits must be displayed at all times, as directed, or the vehicle may be cited for overtime violations.
8. Fees for Temporary On-Street Parking Permits will be adopted and adjusted by the Whitefish City Council.
H. Violation; Penalty: A person who violates this section shall be guilty of a misdemeanor and, upon conviction thereof, be subject to a fine as provided in the general penalty in section 1-4-1 of this Code. A person who violates this section shall also be deemed to have committed a Municipal infraction, and shall be assessed the civil penalty described in section 1-4-4 of this Code. For each separate incident, the City shall elect to treat the violation as a misdemeanor or a Municipal infraction, but not both. If a violation is repeated, the City may treat the initial violation as a misdemeanor and the repeat violation as a Municipal infraction, or vice versa. Each day that a violation remains shall constitute a separate violation. (Ord. 17-20, 5-15-2017; amd. Ord. 19-23, 12-2-2019; Ord. 20-09, 6-1-2020; Ord. 21-04, 5-3-2021)
Every vehicle loading or unloading merchandise shall do so in the alley when it is possible; when it is not possible, loading or unloading merchandise is permissible at the curb; in all loading or unloading of merchandise at the curb, the vehicle shall be so parked as not to unnecessarily obstruct traffic and no vehicle shall remain at the curb under the provisions of this section longer than necessary to load or unload merchandise, and in no event longer than thirty (30) minutes without the permission first had and obtained from the police officer on duty. (Ord. A-85, 12-5-1955; amd Ord. 20-09, 6-1-2020)
A. Establishment Authority: The City Council may establish and designate motor vehicle parking places on the public streets or public parking lots of the City as reserved for use of handicapped persons only.
B. Signs Posted: Notice of designation of handicapped person parking spaces shall be given by the posting of appropriate signs therein. Such notice shall consist of installing therein a symbol sign which conforms to the standards of the Montana Department of Highways for designating and identifying a handicapped parking space and a statement that such space is reserved for handicapped parking.
C. Use Regulations:
1. It is unlawful for a person to wilfully park a motor vehicle in a parking space designated as reserved for handicapped persons unless the motor vehicle bears or contains a valid and clearly visible card, plate, certificate or insignia issued to handicapped persons by the Division of Motor Vehicles, Department of Justice, State of Montana, in accord with Montana Code 49-4-301 et seq. Such card, plate, certificate or insignia shall be prominently displayed in the windshield of the vehicle when the parking privilege is being used.
2. A permit issued pursuant to this chapter does not relieve the permittee from all other parking regulations lawfully required by the City, including parking time limitations and parking meter charges. A violation of any other such parking regulation is not considered a violation of this section.
D. Violation; Responsibility:
1. Whenever any vehicle shall have been parked or let stand in violation of any of the provisions of this section, the person in whose name the vehicle is registered, or if there is no registration, then the record owner of the vehicle, shall be absolutely liable for the violation and shall be subject to the penalty therefor.
2. Whenever evidence shows that the vehicle had been reported as stolen at the time in question, or was not parked illegally or that he was not the registered owner of the vehicle at the time of the alleged violation, that person is absolved of responsibility for the particular offense.
3. A violation of this section shall constitute a misdemeanor, and shall also constitute a Municipal infraction, punishable as set forth in section 1-4-4 of this Code. For each separate incident, the City shall elect to treat the violation as a misdemeanor or a Municipal infraction, but not both. If a violation is repeated, the City may treat the initial violation as a misdemeanor and the repeat violation as a Municipal infraction, or vice versa. Vehicles found parked in a designated handicapped person parking space in violation of this section may be removed and impounded at the direction of the Chief of Police and the cost of such removal and impoundment must be paid before the vehicle will be released to the registered owner. (Ord. A-349, 6-4-1979; amd. Ord. 87-1, 1-5-1987; Ord. 09-20, 10-19-2009; Ord. 20-09, 6-1-2020)
A. Nuisance Prohibited: Any person who, upon any parking lot in the City:
1. Races any vehicle;
2. Engages in any game or play by means of any vehicle;
3. Operates any vehicle in a careless manner;
4. Operates any vehicle in a reckless manner;
5. Races the motor of any vehicle;
6. Parks or congregates in violation of any sign prominently displayed at such parking lot by the owner;
7. Parks any vehicle so as to prevent or obstruct the free access to any fire hydrant that may be needed in case of fire; or
8. Engages in any manner of vehicle operation which, if committed upon a public street, would constitute an offense against the Vehicle Traffic Code of the City, is guilty of the offense of maintaining a nuisance.
B. Enforcement: Any police officer of this City may enter upon any private parking lot to abate any nuisance defined by this section, and on such parking lot may arrest any person maintaining a nuisance as defined in subsection A of this section; provided, however, that there shall be on file with the City a written authorization by the owner of such parking lot empowering police officers of this City to abate such nuisances or to make such arrests. (Ord. A-189, 2-5-1973; amd. Ord. 20-09, 6-1-2020)