§ 70.008. PARKING REGULATIONS.

(A) Prohibitions. No persons shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places:

(1) Within 200 feet of an accident at which police officers are in attendance;

(2) On any unimproved surface within a side yard of a residential lot in a residential zoning district. An unimproved surface is one which is not surfaced with concrete, asphalt, gravel or similar material. (Prior Code, § 73.01(A))

(B) Prohibitions on Specific Streets.

(1) The Traffic Engineer is hereby authorized, with the consent of the City Council by motion, to prohibit or restrict the stopping, standing or parking of vehicles on any street of the city and to erect signs giving notice thereof, where, in his or her opinion, the stopping, standing or parking of vehicles interferes with the movement of traffic thereon.

(2) With the consent of the City Council, the Traffic Engineer may prohibit or restrict the stopping, standing or parking of vehicles and may direct the erection of signs giving notice thereof in the following places:

(a) On city streets and city parking lots; and/or

(b) On public or private property when, after consultation with the Fire Chief, he or she has designated the same as a fire lane. Fire lane signs erected on private property shall be at the expense of the owners or persons in charge of the property. (Prior Code, § 73.02)

(C) Parking Limited Between 2:00 a.m. and 6:00 a.m.

(1) Except as provided in this section, It shall be unlawful for any person to park, allow to be parked or allow to remain parked, any motor vehicle on any paved surface of any public street of the city between the hours of 2:00 a.m. and 6:00 a.m.

(2) The Traffic Engineer shall erect signs giving notice of the on-street parking prohibition contained in division (1).

(3) Specific blocks of specific streets may be permitted as exceptions to the foregoing general provisions in division (1), when so designated by the Traffic Engineer with the consent of the City Council.

(4) Parking on any public street in the City between the hours of 2:00 a.m. and 6:00 a.m. may be permitted for a period of up to three (3) days upon notification to, and approval of, the Marshall Police Department.

(5) Parking between 2:00 a.m. and 6:00 a.m. may be permitted under the following circumstances:

(a) Two permits for parking on the street shall be issued if the Traffic Engineer finds that no vehicles may be legally parked on a lot of record, as defined by the zoning code, and that the specific characteristics of the lot of record, including size, shape and placement of structures prevent any area from being reasonably adapted for the legal parking of vehicles.

(b) One permit for parking on the street shall be issued if the Traffic Engineer finds that no more than one vehicle may be legally parked on a lot of record, as defined by the zoning code, and that the specific characteristics of the lot of record, including size, shape and placement of structures prevent any area from being reasonably adapted for the legal parking of additional vehicles.

(c) When issued, a permit for parking on the street shall be valid for a period of time not to exceed one year. Parking permits issued under this subsection shall be issued to the registered owner of a vehicle. Permits shall not be transferrable. Each permit shall be affixed to the front windshield of the vehicle in a location readily visible. There will be an annual fee in the amount established by resolution for each permit issued. All permits will expire each December 31, and must be renewed prior to such date.

(d) Permit holders parking on any public street between the hours of 2:00 a.m. and 6:00 a.m. shall park the permitted vehicle on that area of a public street within the lot lines of the lot of record for which the permit has been issued and on the same side of the street as the lot of record unless on-street parking is permitted only on the opposite side of the street.

(e) Applications for temporary permits for periods of up to 90 days may be granted for construction, medical services, or other needs, based upon a finding of the Traffic Engineer that a hardship has been sufficiently demonstrated.

(6) Vehicles parked in violation of division (1) shall be subject to immediate impoundment, in addition to being ticketed, if, in the opinion of the Traffic Engineer or his or her designee, the vehicle or vehicles are interfering or will interfere with the performance of necessary street maintenance service, including, but not limited to, street cleaning or snow plowing operations.

(7) Vehicle owners holding a permit issued pursuant to division (5) must, upon notice, immediately remove the vehicle from a public street if, in the opinion of the Traffic Engineer or his or her designee, the vehicle is interfering or will interfere with the performance of necessary street maintenance service, including, but not limited to, street cleaning or snow plowing operations. Vehicles not removed as required in this section shall be subject to immediate impoundment.

(8) The Traffic Engineer is authorized, with the consent of City Council by motion, to establish procedures for the issuance of permits for parking overnight on municipal streets.

(9) The Traffic Engineer shall erect signs giving notice of the provisions of this section.

(10) Specific blocks of specific streets may be permitted as exceptions to the foregoing general provisions in division (1), when so designated by the Traffic Engineer with the consent of the City Council.

(11) Vehicles parked in violation of division (1) shall be subject to immediate impoundment, in addition to being ticketed, if, in the opinion of the Director of Public Works or his or her designee, the vehicle or vehicles are interfering or will interfere with the performance of necessary street maintenance service, including, but not limited to street cleaning or snow plowing operations. (Prior Code, § 73.19)

(D) Municipal Lot Parking.

(1) Parking in municipal parking lots is hereby prohibited between the hours of 3:00 a.m. and 6:00 a.m.

(2) The Traffic Engineer is authorized, with the consent of the City Council by motion, to establish procedures for the issuance of permits for parking overnight on municipal parking lots.

(3) A person who violates subsection (1) without first obtaining a permit or permission pursuant to subsection (2) is responsible for a civil infraction. (Prior Code, § 73.19.1)

(E) Parking or Standing Between Curb or Drainage Line and Sidewalk or Grassy Parkway. No motor vehicle shall be parked or be allowed to stand between the curb or drainage line and the property line, unless expressly permitted by order of the Traffic Engineer, with the consent by motion of the City Council. (Prior Code, § 73.22)

(F) Parking of Trailers. House Cars and the Like.

(1) No unattached trailer or semitrailer shall be parked at any time in or upon the public streets of the city, except when it is necessary for loading or unloading.

(2) No vehicle with a trailer, house car or mobile home attached thereto shall be parked on any public street where angle parking is allowed, nor shall it be parked for a period of more than three hours on any public street in the city.

(3) No person shall drive upon, park or leave standing any vehicle in the front yard of a residence as defined in the zoning code or between the curb or curb line and the lot line nearest the street, whether or not any sidewalk or curb is actually installed along the street, except that this provision shall not apply to that portion of land within the front yard and/or between the curb or curb line and the lot line nearest the street upon which there is constructed an improved parking apron or driveway as permitted and provided for in the City Code of Ordinances.

(4) It shall be unlawful for any person to park or let stand any semi-truck or semitrailer or other commercial vehicle on any private or publicly owned property zoned by these ordinances as residential, except under temporary circumstances as permitted under this chapter.

(5) For purposes of division (2) above, a commercial vehicle is defined by reference to the Motor Vehicle Code § 257.7 and § 257.7a. (Prior Code, § 73.23)

(G) Parking Meters.

(1) The Traffic Engineer is hereby authorized, with the consent of the City Council by motion, to determine and designate metered parking zones, to establish maximum lawful time limits of parking within those zones, and to install and maintain as many parking meters as necessary in such zones, where it is determined that the installation of parking meters shall be necessary to aid in the regulation, control and inspection of the parking of vehicles. The parking meters may be of whatever type is determined by the City Council.

(2) When parking meters are erected adjacent to a space marked for parking, no person shall stop or park a vehicle in the space, or permit the same to remain thereon, unless the proper coin has been deposited in the meter and the meter shows that the allotted time has not expired, except on Sundays and legal holidays.

(3) Where maximum lawful time limits of parking are established within metered parking zones, no person shall park a vehicle or permit the same to remain within the zone for a time period in excess of the established lawful limit between the hours of 8:00 a.m. and 6:00 p.m. daily, except on Sundays and legal holidays. Each additional expiration of the established lawful maximum time limit for a metered parking zone shall constitute a separate violation.

(4) Every vehicle shall be parked wholly within the metered parking space for which the meter shows parking privilege has been granted.

(5) The parking system is hereby authorized to develop and install a program of special meter hoods for tradespersons performing work near metered parking spaces, which work requires that a motor vehicle be immediately available for the performance thereof, such as the delivery and removal of tools, materials and supplies, and for special events or temporary emergency needs, provided no off-street parking is conveniently available. The system is further authorized to require the deposit of $3 per hood and to charge such fees far the use thereof as the City Council shall from time to time establish by resolution.

(6) No person shall place or maintain upon any street any parking meter bearing thereon any commercial advertising. (Prior Code, § 73.24)

(H) Snow and Ice Emergencies

(1) The City Manager or an authorized representative is hereby appointed as the Street Emergency Coordinator. If, in the judgment of the Street Emergency Coordinator, a snow or ice emergency exists, the parking or standing of a motor vehicle on a public street or highway in the city shall be prohibited during the term of such emergency.

(2) A snow or ice emergency shall be deemed to exist when snow or ice, or a combination thereof, hinders the proper removal of accumulated snow and ice from city streets or highways due to the amount of snow or ice, the number and type of storms, multiple storms in close proximity to each other, or as deemed necessary by the Street Emergency Coordinator.

(3) The provisions of this section shall be immediately effective upon the posting of a notice in City Hall by the Street Emergency Coordinator that such emergency is in effect, and upon the announcement of such snow or ice emergency in public media, in a newspaper, or radio station that disseminates news within the city.

(4) Any person who owns or is in the control of a vehicle that is in violation of this section shall be subject to fines and costs set forth in § 70.010, in accordance with this chapter, and such motor vehicle may be removed from the city street or highway by the City Police Department or its authorized designee, with the costs of such removal paid by the owner or person in control of the vehicle.

(5) Appropriate signs shall be posted at all entrances to the city in conformance with applicable state statutes pertaining thereto.

(Ord. passed 11-16-1992; Am. Ord. 2013-07, passed 6-17-2013; Am. Ord. 2016-01, passed 1-4-2016)