Title 10

 

VEHICLES AND TRAFFIC

 

Chapters:

 

10.02  Definitions

10.04  Administration‑‑Generally

10.06  Traffic Division

10.08  Powers and Duties of Police Department

10.10  Traffic Violations Bureau

10.14  Miscellaneous Regulations

10.16  Traffic‑Control Devices

10.18  Speed Limits

10.20  Operation of Vehicles

10.22  Stopping, Standing and Parking

10.24  Parking Meters

10.26  Emergency Parking Restrictions

10.28  Governmental Parking Lots

10.30  Loading and Unloading

10.32  Truck Routes

10.33  Vehicle Removal

10.36  Motorcycles

10.38  Recreational Vehicles

10.40  Snowmobiles

10.42  Bicycles

10.44  Pedestrians

10.46  Street and District Designation

10.48  Equipment and Weight Regulations

10.50  Street Cleaning Regulations

10.52  Railroads

10.54  Violations--Penalties

10.56  Refusal to Submit Breath or Blood Alcohol and/or Drug Test

 

 

 

Chapter 10.02

 

DEFINITIONS

 

Sections:

 

10.02.010  Generally.

10.02.020  Authorized emergency vehicle.

10.02.030  Bicycle.

10.02.040  Business district.

10.02.050  Commercial vehicle.

10.02.060  Controlled‑access highway.

10.02.070  Crosswalk.

10.02.080  Curb loading zone.

10.02.090  Driver.

10.02.100  Four‑lane highway.

10.02.110  Freight curb loading zone.

10.02.120  Highway.

10.02.130  Intersections.

10.02.140  Laned roadway.

10.02.150  Motorcycle.

10.02.160  Motor vehicle.

10.02.170  Official time standard.

10.02.180  Official traffic‑control device.

10.02.190  Park or parking.

10.02.200  Passenger curb loading zone.

10.02.210  Pedestrian.

10.02.220  Police officer.

10.02.230  Private road or driveway.

10.02.240  Railroad.

10.02.250  Railroad train.

10.02.260  Residence district.

10.02.270  Right‑of‑way.

10.02.280  Roadway.

10.02.290  Safety zone.

10.02.300  Sidewalk.

10.02.310  Stand or standing.

10.02.320  Stop.

10.02.330  Stop or stopping.

10.02.340  Street or highway.

10.02.350  Through highway.

10.02.360  Traffic.

10.02.370  Traffic‑control signal.

10.02.380  Traffic division.

10.02.390  Vehicle.

 

10.02.010  Generally. For the purposes of this title, the following words and phrases shall have the meanings respectively ascribed to them by this chapter. (Prior code §20‑1(part)).

 

10.02.020  Authorized emergency vehicle. "Authorized emergency vehicle" means vehicles of the fire department, police vehicles and such ambulances and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the chief of police. (Prior code §20‑1(part)).

 

10.02.030  Bicycle. "Bicycle" means every device pro­pelled by human power upon which any person may ride, having two tandem wheels either of which is more than fourteen inches in diameter. (Prior code §20‑1(part)).

 

10.02.040  Business district. "Business district" means the territory contiguous to and including a highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks or office build­ings, railroad stations and public buildings which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the highway. (Prior code §20‑1(part)).

 

10.02.050  Commercial vehicle. "Commercial vehicle" means every vehicle designed, maintained or used primarily for the transportation of passengers and property. (Prior code §20‑1(part)).

 

10.02.060  Controlled‑access highway. "Controlled-­access highway" means every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway. (Prior code §20‑1(part)).

 

10.02.070  Crosswalk. "Crosswalk" means:

 

A.         That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs from the edge of the traversable roadway.

 

B.  Any portion of a roadway at an intersection or else­where distinctly indicated for pedestrian crossing by lines or other markings on the surface. (Prior code §20‑1(part)).

 

10.02.080  Curb loading zone. "Curb loading zone" means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. (Prior code §20‑1(part)).

 

10.02.090  Driver. "Driver" means every person who drives or is in actual physical control of a vehicle. (Prior code §20‑1(part)).

 

10.02.100  Four‑lane highway. "Four‑lane highway" means a highway divided into four lanes for traffic, two lanes for travel in each direction. The inside lanes shall be those lanes closest to the center of the highway and are to be used for through traffic and traffic intending left turns. The outside lanes shall be those lanes closest to the curbline of the highway and are to be used for traffic intending to turn right to enter or leave a parking space. (Prior code §20‑1(part)).

 

10.02.110  Freight curb loading zone.  Freight curb loading zone" means a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight or passengers. (Prior code §20‑1(part)).

 

10.02.120  Highway. "Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (Prior code §20‑1(part)).

 

10.02.130   Intersections. "Intersections" means:

 

A. The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

 

B. Where a highway includes two roadways thirty feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event the intersecting highway also includes two roadways thirty feet or more apart, then every crossing of two roadways of the highways shall be regarded as a separate intersection. (Prior code §20‑1 (part)).

 

10.02.140  Laned roadway. "Laned roadway" means a roadway which is divided into two or more clearly marked lanes for vehicular traffic. (Prior code §20‑1(part))

 

10.02.150  Motorcycle. "Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and

designed to travel on not more than three wheels in contact with the ground, but excluding a tractor. (Prior code §20‑1(part)).

 

10.02.160  Motor vehicle. "Motor vehicle" means every vehicle which is self‑propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. (Prior code §20‑1 (part)).

 

10.02.170  Official time standard. "Official time standard" means whenever certain hours are named herein they shall mean standard time or daylight saving time as may be in current use in this city. (Prior code §20‑1(part)).

 

10.02.180  Official traffic‑control device. "Official traffic‑control device" means all signs, signals, markings and devices not inconsistent with this chapter placed or erected by authority of the city council or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. (Prior code §20‑1(part)).

 

10.02.190  Park or parking.  "Park or parking" mean the standing of a vehicle, whether occupied or not, other­wise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers. (Prior code §20‑1(part)).

 

10.02.200  Passenger curb loading zone. "Passenger curb loading zone" means a place adjacent to a curb reserved

for the exclusive use of vehicles during the loading or unloading of passengers. (Prior code §20‑1(part)).

 

10.02.210  Pedestrian. "Pedestrian," means any person afoot. (Prior code §20‑1(part)).

 

10.02.220  Police officer. "Police officer" means every officer of the police department or any officer autho­rized to direct to regulate traffic or to make arrests for violations of traffic regulations. (Prior code §20‑1 (part)).

 

10.02.230  Private road or driveway. "Private road" or "driveway" means every way or place in private ownership and used for vehicular travel by the owner and those having ex­press or implied permission from the owner, but not by other persons. (Prior code §20‑1(part)).

 

10.02.240  Railroad. "Railroad" means a carrier of per­sons or property upon cars operated upon stationary rails. (Prior

code §20-1 (part)).

 

10.02.250  Railroad train.  “Railroad train” means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails.

 

10.02.260  Residence district.  “Residence district” means the territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of three hundred feet or more is in the main improved with residences or residences and buildings in use for business.  (Prior code §20-1 (part)).

 

10.02.270  Right-of-way.  “Right-of-way” means the privilege of the immediate use of the roadway.  (Prior code §20-1

(part)).

 

10.02.280  Roadway. "Roadway" means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways the term "roadway" as used in this title shall refer to any such roadway separately but not to all such roadways collectively. (Prior code §20‑1(part)).

 

10.02.290  Safety zone. "Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. (Prior code §20‑1(part)).

 

10.02.300  Sidewalk. "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians. (Prior code §20‑1(part)).

 

10.02.310  Stand or standing.  "Stand" or "standing" mean the halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers. (Prior code §20‑1(part)).

 

10.02.320  Stop. "Stop" when required means complete cessation from movement. (Prior code §20‑1(part)).

 

10.02.330  Stop or stopping. "Stop" or "stopping" when prohibited means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic‑control sign or signal. (Prior code §20‑1(part)).

 

10.02.340  Street or highway. "Street" or "highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (Prior code §20‑1(part)).

 

10.02.350 Through highway. "Through highway" means every highway or portion thereof on which vehicular traffic is given preferential right of way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right of way to vehicles on such through highways in obedience to either a stop sign or a yield sign, when the signs are erected as provided in this chapter. (Prior code §20‑1(part)).

 

10.02.360  Traffic. "Traffic" means pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either signly or together while using any highway for purposes of travel. (Prior code §20‑1(part)).

 

10.02.370  Traffic‑control signal. "Traffic‑control signal" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately. directed to stop and to proceed. (Prior code §20‑1(part)).

 

10.02.380  Traffic division. "Traffic division" means the traffic division of the police department of this city, or in the event a traffic division is not established, then such term wherever used in this title shall be deemed to refer to the police department of this city. (Prior code. §20‑1(part)).

 

10.02.390  Vehicle. "Vehicle" means every device in, upon or by which any person or property is or may be trans­ported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. (Prior code §20‑1(part)).

 

 

Chapter 10.04

 

ADMININSTRATION‑‑GENERALLY

 

Sections:

 

10.04.010  City traffic engineer‑‑Office established--Duties.

10.04.020  City traffic engineer--Testing of traffic-control devices.

10.04.030  City traffic engineer‑‑Regulation promulga­tion authority.

10.04.040  Obedience to policemen and firemen required.

10.04.050  Violation‑‑Penalty

 

10.04.010  City traffic engineer‑‑Office established‑-­duties.

 

A.  The office of city traffic engineer is estab­lished.  The city engineer or his designee shall serve as

city traffic engineer in addition to his other duties.

 

B.  It shall be the general duty of the city traffic engineer to determine the installation and proper timing

and maintenance of traffic‑control devices, to conduct engineering analyses of traffic accidents and to devise

remedial measures, to conduct engineering investigation of traffic conditions, to plan the operation of traffic on the

streets and highways of this city, and to cooperate with other city officials in the development of ways and means to

improve traffic conditions and to carry out the additional powers and duties imposed by ordinances of this city. (Prior

code §20-23).

 

10.04.020  City traffic engineer‑‑Testing of traffic-control devices. The city traffic engineer may test traffic control devices under actual conditions of traffic. (Prior code §20‑24).

 

10.40.030  City traffic engineer‑‑Regulation promulgation authority.

 

     A.  The city engineer is empowered to make regulations necessary to make effective the provisions of this title

other traffic ordinances and to make temporary or experimental regulations to cover emergencies or special

conditions.  No such temporary or experimental regulation shall remain in effect for more than ninety days.

 

B.              These regulations shall be enforced by the chief of police and any violation shall be unlawful. (Prior code §20‑25).

 

10.04.040  Obedience to policemen and firemen required.  No person shall     willfully fail or refuse to comply with any

lawful order or direction of a police officer or fire depart­ment official.  (Prior code §20‑3).

 

10.04.050  Violation‑‑Penalty.  It is a misdemeanor for any person to do any act forbidden or to fail to perform any act required by this title. Unless another penalty is expressly provided in this title, every person convicted of a violation of any provision of this title shall be punished by a fine of not less than ten dollars nor more than five hundred dollars, or by imprisonment for not more than six months, or both such fine and imprisonment. (Ord. 2074, 1979: prior code §20‑2).

 

 

Chapter 10.06

 

TRAFFIC DIVISION

 

Sections:

 

10.06.010  Established.

10.06.020  Duties generally.

10.06.030  Records of traffic violations.

10.06.040  Accident‑‑Investigation duty.

10.06.050  Accident‑‑Studies.

10.06.060  Accident‑‑Reports.

10.06.070  Records maintained on drivers.

10.06.080  Annual report.

10.06.090  Designation of method of identification of funerals.

 

10.06.010  Established. There is established in the police department a traffic division to be under the control

of an officer appointed by and directly responsible to the chief of police. (Prior code §20‑26).

 

10.06.020  Duties generally. It shall be the duty of the traffic division with such aid as may be rendered by other members of the police department to enforce the street traffic regulations of this city and all of the state vehicle laws applicable to street traffic in this city, to make arrests for traffic violations, to investigate accidents and to cooperate with the city traffic engineer or other officers of the city in the administration of the traffic laws and in developing ways

and means to improve traffic conditions, and to carry out those duties specially imposed upon the division by this title and other traffic ordinances of the city. (Prior code §20‑27).

 

10.06.030  Records of traffic violations.

 

A.    The police department or the traffic division thereof shall keep a record of all violations of the traffic ordinances of disposition of all such alleged offenses. The record shall be so maintained as to show all types of this city or of the state vehicle laws of which any person has been charged, together with a record of the final violations and the total of each. The record shall accumulate during at least a five‑year period and from that time on the record shall be maintained complete for at least the most recent five‑year period.

 

B.  All forms for records of violations and notices of violations shall be serially numbered. For each month and year a written record shall be kept available to the public showing the disposal of all such forms.

 

C.  All such records and reports shall be public records. (Prior code §20‑28).

 

10.06.040  Accident‑‑Investigation duty. It shall be the duty of the traffic division, assisted by other police officers of the department, to investigate traffic accidents, to arrest and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents. (Prior code §20‑29).

 

10.06.050  Accident‑‑Studies. Whenever the accidents at any particular location become numerous, the traffic division shall cooperate with the city traffic engineer in conducting studies of such accidents and determining remedial measures. (Prior code §20‑30).

 

10.06.060  Accident‑‑Reports. The traffic division shall maintain a suitable system of filing traffic accident

reports. Accident reports or cards referring to them shall be filed alphabetically by location. The reports shall be

available for the use and information of the city traffic engineer. (Prior code §20‑31).

 

10.06.070  Records maintained on drivers.

 

A.  The police department or the traffic division thereof shall maintain a suitable record of all traffic accidents, warnings, arrests, convictions and complaints reported for each driver, which shall be filed alphabetically under the name of the driver concerned.

 

B. The traffic division shall study the cases of all the drivers charged with frequent or serious violations of the traffic laws or involved in frequent traffic accidents or any serious accident, and shall attempt to discover the reasons therefore, and shall take whatever steps are lawful and reasonable to prevent the same or to have the licenses of such persons suspended or revoked.

 

C.  Such records shall accumulate during at least a five‑year period and from that time on such records shall be

maintained complete for at least the most recent five-year period.  (Prior code §20-32).

 

10.06.080 Annual report. The traffic division shall annually prepare a traffic report which shall be filed with the mayor.    The report shall contain information on traffic matters in the city as follows:

 

A.    The number of traffic accidents, the number of per­sons killed, the number of persons injured, and other perti­nent traffic accident data.

 

B.    The number of traffic accidents investigated and other pertinent data on the safety activities of the police.

 

C.  The plans and recommendations of the divisions for future traffic safety activities. (Prior code §20‑33).

 

10.06.090  Designation of method of identification of funerals. The traffic division shall designate a type of pennant or other identifying insignia to be displayed upon or other method to be employed to identify, the vehicles in funeral processions. (Prior code §20‑34).

 

Chapter 10.08

 

POWERS AND DUTIES OF POLICE DEPARTMENT

 

Sections:

 

10.08.010  Enforcement of city and state traffic laws.

10.08.020  Direction of traffic

10.08.030  Assistance at fires.

 

10.08.010  Enforcement of city and state traffic laws.  It shall be the duty of the officers of the police department

or such officers as are assigned by the chief of police to enforce all street traffic laws of this city and all of the

state vehicle laws applicable to street traffic in this

city. (Prior code §20‑35).

 

10.08.020  Direction of traffic. Officers of the police department or such officers as are assigned by the chief of police are authorized to direct all traffic by voice, hand or signal in conformance with traffic laws, provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws. (Prior code §20‑36) .

 

10.08.030  Assistance at fires. Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. (Prior code §20‑37).

 

Chapter 10.10

 

TRAFFIC VIOLATIONS BUREAU

Sections:

 

10.10.010  Established.

10.10.020  Duties.

10.10.030  Recordkeeping‑‑Availability to public.

10.10.040  Procedure.

10.10.050  Designation of offenses.

10.10.060  Right of trial.

10.10.070  Fine payment acknowledgement of conviction‑-receipt.

 

10.10.010  Established.  The municipal court shall establish a traffic violations bureau to assist the court

with the clerical work of traffic cases. The bureau shall be in charge of such person or persons as shall be assigned

thereto by the municipal court judge and shall be open at such hours as the municipal court judge may designate.

(Ord. 2098 §3, 1980; prior code §20‑38).

 

10.10.020 Duties. The following duties are imposed upon the traffic violations bureau in reference to traffic offenses:

 

A.  It shall accept designated fines and issue receipts to such violators as are permitted and desire to plead guilty, waive court appearances and give power of attorney;

 

B   It shall receive and issue receipts for cash bail from the persons who are required by the court to post bond, enter the time of their appearance on the court docket, and notify the city attorney's office, defendant and defendant's attorney, if any, to be present;

 

C.  It shall keep an easily accessible record of all violations of which each person has been guilty during the preceding twelve months, whether such guilt was established in court or in the traffic violations bureau;

 

D. Deposit fine receipts with city treasurer. (Ord. 2094 §4, 1980; prior‑code §20‑39).

 

10.10.030  Recordkeepinq‑‑Availability to public. The traffic violations bureau shall keep records and submit summarized monthly reports to the municipal court judge and to the mayor of all notices issued and arrests made for violations of the traffic laws of this city or the state and all the fines collected by the traffic violations bureau or the court. Such records shall be so maintained as to show all types of violations and the totals of each. These records shall be public records. (Ord. 2098 §5, 1980; prior code §20‑40).

 

10.10.040  Procedure. The traffic violations bureau shall follow such procedure as may be prescribed by the traffic ordinances of this city or as may be required by any laws of this state. (Prior code §20‑41).

 

10.10.050  Designation of offenses. The municipal court judge shall designate the specified offenses under the traffic ordinances of this city and the state traffic laws in respect to which payments of fines may be accepted by the traffic violations bureau in satisfaction thereof, and shall specify by suitable schedules the amount of the fines for first, second and subsequent offenses; provided, such fines are within the limits declared by law or ordinance. (Ord. 2098 §6, 1980; prior code §20‑42).

 

10.10.060  Right of trial. Any person charged with an offense for which payment of a fine may be made to the traffic violations bureau shall have the option of paying the fine within the time specified in the notice to appear and complain at the traffic violations bureau upon entering a plea of guilty and upon waiving appearance in court; or may have the option of depositing required lawful bail and upon a plea of not guilty shall be entitled to a trial as authorized by law. (Ord. 2098 §7, 1980; prior code §20-43) .

 

10.10.070  Fine payment acknowledgement of conviction‑‑Receipt. The payment of a fine to the bureau shall be deemed an acknowledgement of conviction of the alleged offense, and the bureau, upon accepting the prescribed fine, shall issue a receipt to the violator acknowledging payment thereof. (Prior code §20‑44).

 

Chapter 10.14

 

MISCELLANEOUS REGULATIONS

 

Sections:

 

10.14.010  Applicability of title to animal‑drawn vehicle.

10.14.020  Skiing or sledding on streets.

10.14.030  Toy vehicle or roller skate restrictions.

10.14.050  Unattended motor vehicles.

10.14.060  Prohibition of traffic over damaged streets.

 

 

10.14.010  Applicability of title to animal‑drawn vehicle. Every person driving any animal drawing a vehicle upon a street shall be subject to the provisions of this title applicable to the driver of a vehicle, except those provisions which

by their nature can have no application. Persons riding or leading animals on or along any street shall ride or lead such animals on the left side of the street facing approaching traffic. (Prior code §20‑4).

 

10.14.020  Skiing or sledding on streets. No person shall use the streets for traveling on skis, toboggans, coasting sleds or similar devices. No person shall use any roadway of this municipality as a sled or ski course for the purpose of coasting on sleds, skis or other similar devices except on portions of such streets set aside by proper authority for such use and adequately roped off or otherwise marked for the purpose. (Prior code §20‑5).

 

10.14.030  Toy vehicle or roller skate restrictions. No person upon roller skates, or riding in or by means of any coaster, toy vehicle or similar device shall go upon any roadway except while crossing a street on a crosswalk and when so crossing the person shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians. This section shall not apply upon any street while set aside as a play street as authorized by the provisions of this code or other ordinance of this city. ('Prior code §20‑6) .

 

10.14.050  Unattended motor vehicles. No person driv­ing or in charge of any motor vehicle except a licensed delivery truck or other delivery vehicle, shall permit it to stand unattended without first stopping the engine, locking the ignition and removing the key. No vehicle shall be permitted to stand unattended upon any perceptible grade, without stopping the engine and effectively setting the brake thereon, and turning the front wheels to the curb or side of the street. (Prior code §20‑11).

 

10.14.060  Prohibition of traffic over damaged streets. The mayor, with the approval of the city council, is authorized, when by reason of deterioration, rain, snow or other climatic conditions the streets and highways within the limits of the city will be seriously damaged or destroyed, to prohibit the operation of vehicles upon any street or highways within the limits of the city for a period of not to exceed ninety days in one calendar year.  (Prior code §20‑19).

 

 

Chapter 10.16

 

TRAFFIC‑CONTROL DEVICES

Sections:

 

10.16.010  Installation authority.

10.16.020  Manual and specifications for devices.

10.16.070  No‑turn signs‑‑Establishment authority.

10.16.080  No‑turn signs‑‑Erection and obedience.

10.16.090  Interference with official devices or railroad signs or signals.

10.16.100  Obstructing traffic at intersection or crosswalk.

10.16.120  Lane markings on street pavements.

10.16.130  Vehicles to yield to urban transportation system buses utilizing a flashing yield sign on back of bus.

 

10.16.010  Installation authority. The city engineer shall place and maintain traffic‑control signs, signals and devices when and as required under this title and other traffic ordinances of this city to make effective the pro­visions of such laws, and may place and maintain such addi­tional traffic‑control devices as he may deem necessary to regulate traffic under this title and other traffic ordi­nances of this city or under state law or to guide or warn traffic. (Prior code §20‑50).

 

10.16.020  Manual and specifications for devices. All traffic‑control signs, signals and devices shall conform to the manual and specifications approved by the state highway commission. All signs and signals required under this chapter for a particular purpose shall so far as practica­ble be uniform as to type and location throughout the city. All traffic‑control devices so erected and not inconsistent with the provisions of state law or this chapter shall be official traffic‑control devices. (Prior code §20‑51).

 

10.16.070  No‑turn signs‑‑Establishment authority. The city engineer is authorized to determine those inter­sections at which drivers of vehicles shall not make a right, left or U‑turn, and shall place proper signs at such intersections. The making of such turns may he prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs, or they may be removed when such turns are permitted. (Prior code §20‑57).

 

10.16.080  No‑turn signs‑‑Erection and obedience. Whenever authorized signs are erected indicating that no right, left or U‑turn is permitted, no driver of a vehicle shall disobey the directions of any such sign. (Prior code §20‑58) .

 

10.16.090  Interference with official devices or railroad signs or signals.  No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic-control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof. (Ord. 890, 1959; Prior Code §20-59).

 

10.16.100  Obstructing traffic at intersection or crosswalk. No operator of a vehicle shall enter an inter­section or a marked crosswalk unless there is sufficient space beyond such intersection or crosswalk in the direc­tion on which the vehicle is proceeding to accommodate the vehicle without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic‑control signal indication to proceed. (Prior code §20‑60).

 

10.16.120  Lane markings on street pavements

 

     A.  The traffic engineer is authorized to mark traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is necessary.

 

B.  There traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or refuse to keep the vehicle within the boundaries of any lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement. (Prior code §20‑62).

 

10.16.130  Vehicles to yield to urban transportation system buses utilizing a flashing yield sign on back of bus.

A.   It shall be unlawful for any person operating a vehicle on any street or alley located within the city limits to fail to yield the right of way to any urban transportation system bus that is attempting to reenter the on street flow of vehicle traffic when the bus is utilizing a flashing yield sign located on the back of the bus.

B.   The penalty for violating this vehicle regulation shall be a fine of up to a $500.00. Any penalty shall be a fine only. Incarceration shall not be a penalty for violating this regulation. (Ord. 3403, 2009)

 

 

Chapter 10.18

 

SPEED LIMITS

 

Sections:

 

10.18.020  Established.

10.18.030  Alleys.

10.18.070  Specification of rate of speed in violation complaint.

 

10.18.020  Established. The Missoula City Council has jurisdiction to set the speed limits for all streets, except those streets that are under the jurisdiction of the Montana Department of Transportation.  Where no special hazard exists that requires lower speed for compliance with motor vehicle traffic laws, the speed of any vehicle not in excess of the limits specified in this section or established as authorized by this chapter shall be lawful, but any speed in excess of the limits specified in this section or established as authorized by this chapter shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful:

 

A.  Twenty‑five miles per hour on all streets within the city limits unless posted otherwise;

 

B.  The prima facie speed limits set forth in subsection A of this section may be altered as follows:

1.     Whenever the  city engineer or city council determines upon the basis of an engineering and traffic investigation that any prima facie speed set forth in this section is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway, the city council may determine and declare a reasonable and safe prima facie speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at such intersections or other place or part of the street or highway.

 

2.     When a speed study has been requested by the City Council pursuant to 10.18.020(B), the City Council may set a temporary speed limit for the same part of a street or highway for which the speed study has been requested. When the requested speed study is complete, City Council shall review the temporary speed limit and declare a speed limit pursuant to 10.18.020(B). (Ord. 3506, 2013; Ord. 3390 §1, 2008; Ord. 2867 §7, 1993; prior code §20‑64).

 

10.18.030  Alleys. The maximum speed limit for all alleys within the city shall be five miles per hour. (Ord. 2084 §1, 1979).

 

10.18.070  Specification of rate of speed in violation complaint. In every charge of violation of any speed regu­lation in this chapter, the complaint, also the summons, or notice to appear, shall specify the speed at which the defendant is alleged to have driven, also the speed appli­cable within the district or at the location. (Prior code §20‑68) .

 

Chapter 10.20

 

OPERATION OF VEHICLES

 

Sections:

 

10.20.170  No passing zones.

10.20.240  Starting parked vehicle.

10.20.250  U‑turns.

10.20.270  Vehicles not to be driven on sidewalk.

10.20.280  Limitations on backing.

10.20.290  Vehicles prohibited on Van Buren Street bridges.

10.20.300  General Prohibition on operating a pickup truck with passengers under 18 years of age riding in cargo areas of pickup truck and prohibition on being a passenger under 18 years of age in cargo area of a pickup truck on public ways within the city.

10.20.305  Definitions

10.20.310  Prohibition of mobile telephone and other electronic communication device use while operating a motor vehicle or riding a bicycle on a public highway.

10.20.320  Penalty.

 

10.20.170  No passing zones. The city engineer is authorized to determine those portions of any street where overtaking and passing or driving to the left of the street would be especially hazardous and may by appropriate signs and markings on the street indicate the beginning and end of such zones and when such signs or markings are in place and clearing visible to an ordinarily observant person every driver of a vehicle shall obey the directions there­of. (Prior code §20‑81).

 

10.20.240  Starting parked vehicle.

 

A.    No person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonable safety.

 

B.    Any person starting a vehicle from a parked posi­tion at the curb or edge of a roadway, before making such movement, shall yield the right‑of‑way to all vehicles which are approaching so closely as to constitute an imme­diate hazard, but the driver, having so yielded and having given a signal as required by this article for a left‑turn movement, may proceed. (Prior code §20‑87).

 

10.20.250  U‑turns. The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any street other than at an intersection except that no such turn shall be made at any of the fol­lowing intersections:

 

1.  Any intersection in the business district as de­fined in this chapter;

2.  Any signalized intersection;

3.  Any intersection where stop signs are erected;

4.  Any intersection of an alley with a street;

5.  Any intersection on a curve;

6.  Any intersection upon or within one hundred feet of the crest of a grade. (Prior code §20‑92)

 

10.20.270  Vehicles not to be driven on sidewalk. The driver of a vehicle shall not drive within any sidewalk area except at a permanent or temporary driveway. (Prior code §20‑93).

 

10.20.280  Limitations on backing. The driver of a vehicle shall not back the same except upon entering or leaving a parking space or driveway or when necessary to avoid an obstacle in the highway, or upon the direction of a police officer or fireman. (Prior code §20‑94).

 

10.20.290 Vehicles prohibited on Van Buren Street bridges. The driver of a vehicle shall not drive upon the Van Buren Street bridges across the Clark Fork River or across the irrigation ditch except for emergency or autho­rized maintenance vehicles. All others shall obtain writ­ten permission from the Missoula County surveyor's office prior to driving upon either structure. (Ord. 2289 §1, 1982) .

 

10.20.300. General Prohibition on operating a pickup truck with passengers under 18 years of age riding in cargo areas of pickup truck and prohibition on being a passenger under 18 years of age in cargo area of a pickup truck on public ways within the city.

 

A.     It shall be unlawful either for the operator of a pickup truck to operate a pick up truck with passengers under 18 years of age riding in the cargo area of a pickup truck or for a person to be a passenger under 18 years of age in the cargo area of a pickup truck while the pickup truck is operating upon public ways within the city, except in the exceptional situations authorized herein. For purposes of this section a pickup truck shall be defined as a motor vehicle designed with a cargo area that is often open and is designed to be outside of the enclosed passenger area of the motor vehicle. Public ways or ways of the city open to the public shall be defined as defined in Montana state motor vehicle traffic regulations to mean any highway, road, alley, lane, parking area, or other public or private place adopted and fitted for public travel that is in common use by the public.

 

B.     It is the purpose of this section to further public safety, health and general welfare by addressing the hazards of riding in the cargo areas of pickup truck areas in the following exceptional, permitted circumstances: (1) if the pickup truck is traveling five (5) miles per hour or less and the passengers are seated within a pickup truck cargo area that has its tailgate secured and closed while operating during a parade, (2) the passengers are within a military pickup truck type vehicle or authorized law enforcement or fire emergency vehicle, (3) if the pickup truck is traveling five (5) miles per hour or less and the passenger as part of his employment duties is riding within the pickup truck body in a cargo space intended for materials and is performing employment related duties or responsibilities, such as for the purpose of picking up or distributing traffic cones, or (4) if the cargo area is equipped with and each passenger is utilizing a federally approved restraint system for passengers in pickup truck cargo areas.

 

C.  The penalties for violation of this city motor vehicle regulation shall be a fine of up to five hundred dollars ($500.00) per offense. Imprisonment shall not be a penalty for violating this section. The minimum fine schedule to be imposed by the Municipal Court Judge, which penalty may not be suspended shall be as follows:

 

1.   First offense a minimum of fifty dollars ($50.00) which may not be suspended plus any applicable administrative surcharges; (2) second offense a minimum fine of one-hundred dollars ($100.00) which may not be suspended plus any applicable administrative surcharges; and (3) a third or subsequent offense a minimum fine of two-hundred dollars ($200.00) which may not be suspended plus any applicable administrative surcharges. (Ord. 3320, 2006)

 

10.20.305  Definitions  For the purposes of Section 10.20.310 the following definitions shall apply

A. Vehicle—a motor vehicle, motorcycle, bicycle or any other device defined as a vehicle in Montana Code Annotated Title 61, Part 1, the State of Montana’s motor vehicle laws.

B. Hands-free mode - means the use of a wireless communications device with a speaker phone, headset, or earpiece.

 

(Ord. 3486, 2012)

 

10.20.310  Prohibition of mobile telephone and other electronic communication device use while operating a motor vehicle or riding a bicycle on a public highway. 

 

A.    No person operating a vehicle on a public highway within the city limits of Missoula shall use a mobile telephone or other electronic communication device to write, send, or read text messages, e-mail or other activities where a person is inputting or reading information on the device.

B.    Except as provided in subsections (C) and (D) of this section, no person operating a vehicle on a public highway within the city limits of Missoula shall use a wireless communications device while holding that device.

C.    Subsections (A) and (B)  do not apply to a person operating a vehicle:

1.     That is an authorized emergency vehicle;

2.     While using a wireless communications device in hands-free mode;

3.     While using a hand-held wireless communications device to:

a.     Report illegal activity except violations of this section; or

b.    Summon medical or other emergency help; or

c.     Prevent injury to a person or property.

4.     That is not moving and on the side of the roadway out of the flow of traffic;

5.     While inputting, selecting, or reading information on a global positioning system or navigation system;

6.     While pressing a single button to initiate or terminate a voice communication using a mobile telephone;

7.     While using a device capable of performing multiple functions (e.g.,fleet management systems, dispatching devices, citizens band radios, music players) for a purpose that is not otherwise prohibited in this part.

8.     Where the driver is using a two way radio in the performance and scope of work-related duties.

D.    Subsections (A) and (B) do not restrict the operation of an amateur radio station by a person who holds a valid amateur radio operator license issued by the Federal Communications Commission.

 

(Ord. 3486, 2012; Ord. 3400, 2009)

 

10.20.320 Penalty. The following penalty schedule shall apply to city ordinance violations of city ordinances regulating mobile telephone or other electronic communication device usage while operating a motor vehicle or riding a bicycle:

 

A.    The minimum penalty for a first offense shall be $100.00 which may not be suspended or waived up to a maximum of $300.00;

 

B.    The minimum penalty for a second or subsequent offense occurring within a twelve-month time period of any prior cell phone ordinance offense shall be $150.00 which may not be suspended or waived up to a maximum of $500.00;

 

C.    If any vehicle crash investigation determines that a cell phone was in use by a vehicle operator involved in the crash at the time the crash occurred, the minimum fine shall be $350.00 which may not be suspended or waived up to a maximum of $500.00;

 

D.    Defendants convicted after a trial on a violation of Section 10.20.310 shall pay as court costs, the cost of prosecution of the case.

 

E.    Fifty percent (50%) of the fine monies collected for violations of Section 10.20.310 prohibiting use of mobile phone and other electronic communication devices while simultaneously operating a motor vehicle, motorcycle, bicycle or any other device defined as a vehicle in Montana Code Annotated Title 61, Part 1, the State of Montana’s motor vehicle laws shall be deposited to a city general fund account earmarked for the purpose of paying for traffic regulation signage, construction, maintenance, and repair as well as for public education efforts pertaining to this cell phone and other electronic communication device regulation and distracted driving.

 

(Ord. 3486, 2012; Ord. 3400, 2009)

 
Chapter 10.22

 

STOPPING, STANDING AND PARKING

 

Sections:

 

10.22.010  Vehicles required to stop at all railway grade crossings.

10.22.020  Stopping for school busses loading or unloading.

10.22.030  Leaving unattended vehicles obstructing traffic.

10.22.040  Marking no‑parking zones.

10.22.050  Parking in a roadway‑‑Direction.

10.22.060  Parking for over one hundred twenty hours.

10.22.070  Parking prohibited in specified places.

10.22.080  Standing or parking on one‑way streets and roadways.

10.22.090  Parking hours restriction‑‑Penalty.

10.22.100  All‑night parking.

10.22.110  Angle parking.

10.22.120  Parking for purposes of sale, repair or storage.

10.22.130  Parking in alleys.

10.22.140  Parking on narrow streets.

10.22.150  Parking adjacent to schools.

10.22.160  Parking trucks in residential district.

10.22.170  Parking near hazardous or congested places.

10.22.180  Parking trucks containing explosives or offensive cargo.

10.22.190  Parking for camping purposes.

10.22.200  Parking prohibited on portion of South Higgins Avenue.

10.22.210  Removal of illegally parked vehicles‑‑Costs to be paid by owner.

10.22.220  Prima facie evidence of parking violation.

10.22.230  Parking commission‑‑Rulemaking power‑­Enforcement authority.

10.22.240  Parking commission‑‑Jurisdictional area.

10.22.250  Procedure for the establishment of a residential on‑street parking permit regulation program.

10.22.260  Limitations on parking in a residential parking permit only area.

10.22.270  Residential parking permit application procedure.

10.22.280  Residential parking permit form and issuance.

10.22.290  Display of residential parking permits required.

10.22.300  University of Montana residential on‑street parking permit regulation program.

10.22.310  Private parking services authorized to issue parking citations.

 

10.22.010  Vehicles required to stop at all railway grade crossings.

 

A.  The driver of any motor vehicle car­rying passengers for hire, or of any school bus carrying any school child, or of any vehicle carrying explosive sub­stances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop the vehicle within fifty feet but not nearer than ten feet from the nearest rail of such railroads and while so stopped shall listen and look in both directions along the track for any approaching train, and for signals indi­cating the approach of a train, except as provided in this section, and shall not proceed until he can do so safely.

 

B.  No stop need be made at any crossing where a police officer or a traffic‑control signal directs traffic to pro­ceed.

 

C.  When stopping as required at such railroad crossing the driver shall keep as far to the right of the roadway as possible and shall not form two lanes of traffic unless the street or roadway is marked for four or more lanes of traf­fic. (Prior code §20‑116).

 

10.22.020  Stopping for school busses loading or un­loading. The driver of any vehicle when approaching the front or rear of a school bus, which is marked and identi­fied as a school bus as provided by MCA Sections 61‑8‑351(2) and 61‑9‑402, which has come to a stop on a street, avenue or highway within the city, and is receiving or discharging school children, shall stop the vehicle not less than ten feet from the school bus and keep the vehicle stationary until the children have entered the bus or have alighted and reached the nearest adjacent side of the street, avenue or highway; provided, however, that it shall not be neces­sary to observe this requirement when a school bus is dis­charging or receiving school children at the school build­ings. (Prior code §20‑117).

 

10.22.030  Leaving unattended vehicles obstructing traffic. No person shall park or leave unattended any vehi­cle upon a street in such a manner or under such conditions as to obstruct the free movement of vehicular traffic flow

in either direction upon the street. (Ord. 2075 §2, 1979; prior code §20‑102).

 

10.22.040  Marking no‑parking zones. Whenever curbs or curbing are painted yellow in color by the city engineer pursuant to the Uniform Traffic Manual, federal or state laws or regulations or an ordinance of the city council or regulations of the parking commission no person shall at any time stop, stand or park; or wherever signs are erected by the city engineer pursuant to an ordinance or resolution of the city council or to regulations of the parking commission which prohibit parking, establish limited time parking zones or in any way limit or restrict parking, no person shall stop, stand or park in violation of the provisions indicated on such signs. (Ord. 2124, 1980; Ord. 2075 §4, 1979; prior code §20‑115).

 

10.22.050  Parking in a roadway‑‑Direction. No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway heading in the direction of lawful traffic movement and with the right‑hand wheels of the vehicle parallel to and within eighteen inches of the right‑hand curb or edge of the roadway except that on a one-way street the left‑hand wheels may be parked adjacent to and within eighteen inches of the left‑hand curb or edge of the roadway headed in the direction of the lawful traffic movement and except as otherwise provided by this chapter. (Ord. 2693 §1, 1989;  prior code §20‑96).

 

10.22.060  Parking for over one hundred twenty hours. No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of one hundred twenty hours. (Prior code §20‑99).

 

10.22.070  Parking prohibited in specified places.

 

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

         

1.  On a sidewalk;

 

2.  In front of a public or private driveway;

 

3.  Within an intersection;

 

4.  Within fifteen feet of a fire hydrant;

 

5.  On a crosswalk;

 

6.  Within twenty feet of a crosswalk at an intersection;

 

7.   Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of the entrance when properly signposted;             

 

8.  Alongside or opposite any street excavation or obstruction when stopping, standing or parking would ob­struct traffic;

 

9.     On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

 

10.     At any place where official signs prohibit stopping;

 

11.     In an alley, except while loading or unloading as provided in Section 10.22.130;

 

12.     Within thirty feet upon the approach to any flashing beacon, stop sign or traffic‑control sign located at the side of a roadway;            

         

13.     Within fifty feet of the nearest rail of a rail­road crossing;

 

14.     At any place where official signs prohibit stop­ping.

 

     B.  No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful. (Prior code §20‑101).

 

10.22.080  Standing or parking on one‑way streets and roadways.

 

A.  When appropriate signs are erected giving notice thereof, no person shall stand or park a vehicle upon the left‑hand side of any one‑way street in violation of any such sign.

 

B   In the event a street includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left‑hand side of such one‑way roadway unless signs are erected to permit such standing or parking. (Prior code §20‑114).

 

10.22.090  Parking hours restriction‑‑Penalty.

 

A.  Parking shall be prohibited on all streets within the city, where posted, between the hours of 2:30 a.m. and 6:30 a.m., as follows:  

    

          1.  On even numbered days of the month on the side of the street bearing even street numbers;

 

2.  On odd numbered days of the month on the side of the street bearing odd numbers.

 

B.  Any person who shall violate any provision of sub­section A of this section shall be guilty of a misdemeanor and shall be punished by a fine of not less than five dol­lars nor more than fifty dollars. (Ord. 2075 §1, 1979; prior code §§101.1, 101.2).

 

10.22.100  All‑night parking. No person, except physi­cians or other persons on emergency calls, shall park a ve­hicle on any street marked to prohibit all‑night‑parking and giving notice thereof, for a period of time longer than thir­ty minutes between the hours of 2:00 a.m. and 6:00 a.m. of any day. (Prior code §20‑113).

 

10.22.110  Angle parking.

 

A.   The city engineer shall determine upon what streets angle parking shall be permitted and shall mark or sign such streets, but such angle parking shall not be indicated upon any federal aid or state highway within the city unless the state highway commission has de­termined by resolution or has ordered entered into its min­utes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.

 

B.  Angle parking shall not be indicated or permitted at any place where passing traffic would be caused or required to drive‑upon the left side of the street.

 

C.  Upon those streets which have been signed or marked by the city engineer for angle parking, no person shall park or stand a vehicle other than at an angle to the curb or edge of the roadway indicated by such signs or markings, and with the front of the vehicle to the curb unless signed or marked to permit back-in parking. (Ord. 3406, 2009; Prior code §20-97) .

 

10.22.120  Parking for purposes of sale, repair or storage.

 

A. No person shall park any vehicle or motor vehicle upon any street, roadway or thoroughfare or on and in any

other public place for the principal purpose of:

 

1.  Displaying the vehicle or motor vehicle for sale;

 

2.  Washing, greasing or repairing the vehicle except repairs necessitated by an emergency;

 

3.  Storing any vehicle or motor vehicle not then in transit or actual use and service;

 

4.  Displaying advertising.

 

B.  Provided, however, that, upon application made to the city council by any group, organization or person, the city council may, in its discretion, waive, for a temporary stated period of time, the enforcement of this section as it applies to the applicant; provided further, that if meter space is used the city council may require a fee of not to exceed five dollars per meter space per day; and further provided, that no more than two meter spaces per day are so utilized. (Prior code §20‑98).

 

10.22.130  Parking in alleys.

 

A. No person shall stop, stand or park any vehicle within an alley for a period of time longer than is necessary for the reasonable expeditious loading or unloading of the vehicle.

 

B.  No person shall stop, stand or park a vehicle within an alley or under such conditions as to leave available less than ten feet of the width of the roadway for the free movement of vehicular traffic.

 

C.  No person shall stop, stand or park a vehicle within an alley in such a position as to block the driveway or entrance to any abutting property. (Prior code §20‑103).

 

10.22.140  Parking on narrow streets.

 

A. The city engineer is authorized to erect signs indicating no parking upon any street when the width of the roadway does not exceed twenty feet, or upon one side of a street as indicated by such signs when the width of the roadway does not exceed thirty feet.

 

B.  When official signs prohibiting parking are erected upon narrow streets as authorized in this section, no person shall park a vehicle upon any such street in violation of any such sign. (Prior code §20‑106).

 

10.22.150  Parking adjacent to schools.

     

A. The city engineer is authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation.

 

B.  When official signs are erected indicating no parking upon that side of a street adjacent to any school

property, no person shall park a vehicle in any such desig­nated place. (Prior code §20‑105).

 

10.22.160  Parking trucks in residential district. No person shall stand or park any truck, truck‑tractor, trailer, semi-trailer or bus in any street in a residential district for any purpose or period of time other than for the expedi­tious loading or unloading of such vehicles, except that the provisions of this section shall not apply to the driver of a truck, truck‑tractor, trailer or semi-trailer while such vehicle is being used in connection with the construction or repair of buildings, service calls or the moving of house­hold goods and shall not be applicable to the driver of a bus while the vehicle is parked in a designated bus stop. (Prior code §20‑104).

 

10.22.170  Parking near hazardous or congested places.

 

A. The city engineer is authorized to determine and desig­nate by proper signs places not exceeding one hundred feet in length in which the stopping, standing or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.

 

     B.  When official signs are erected at hazardous or congested places as authorized in this section, no person shall stop, stand or park a vehicle in any such designated place. (Prior code §20‑107).

 

10.22.180 Parking trucks containing explosives or offensive cargo.

 

A. It is unlawful, at any time, to park a truck giving off an offensive or disagreeable odor or con­taining disagreeable and containing offensive and offensive matter, or  any truck engaged in hauling gasoline oil, or other explosive matter, whether the truck is loaded or empty, within the central business district or within three hundred feet of a residen­tial structure or residential zone except that a gasoline or oil truck may park within the above described areas when actually engaged in making a delivery of gasoline or oil.

 

B.  Vehicles transporting explosives shall comply with all provisions of the Uniform Fire Code as well as federal and state laws and regulations pertaining to the transporta­tion of explosives. Vehicles transporting explosives shall be routed to avoid congested traffic and densely populated areas.

 

C.  The fire and police departments shall be promptly notified when a vehicle transporting explosives is involved in an accident, breaks down, or catches fire. Only in the event of such an emergency shall the transfer of explosives from one vehicle to another be allowed on highways, streets, alleys or parking lots within the city and only when quali­fied supervision is provided. Except in such an emergency a vehicle transporting explosives shall not be parked before

reaching its destination except at stopping and parking places designated and approved by the city fire and police chiefs. (Ord. 2075 §3, 1979; prior code §20‑109).

 

10.22.190  Parking for camping purposes.

 

A.  No person shall sleep in a parked motor vehicle on a public right of way in the city between the hours of 10:00 PM and 6:00 AM except that a property owner or tenant may allow a guest's vehicle to be parked on the public right of way adjacent to their residence for sleeping purposes for a maximum of three consecutive days without violating this provision.

 

B.  It is unlawful for any person to dump or deposit any sink water or sewage from a motor vehicle or vehicle designed for camping anywhere except in a disposal site ap­proved by the city-county health department.

 

C.  The penalty for a violation of subsection 10.22.190(A) shall be a fine only of up to $100.00 with no penalty of imprisonment. The penalty for a violation of subsection 10.22.190(B) shall be a fine only of up to $500.00 with no penalty of imprisonment. This penalty conflicts with the Montana State law penalty. Montana State law's penalty may be applied if the person is cited pursuant to Montana State law. (Ord. 3356, 2007; Ord. 2476 §1, 1986; prior code §20‑112).

 

10.22.200 Parking prohibited on portion of South Higgins Avenue. Parking on either side of the street is prohibited on South Higgins Avenue in the city between the following points: the alley between Agnes Avenue and Sen­tinel Avenue on  the north and the Pattee Canyon Road in­tersection with South Higgins Avenue on the south. (Prior code §20‑108).

 

10.22.210  Removal of illegally parked vehicles‑‑Costs to be paid by owner.

 

A. In the event a vehicle is parked in violation of any ordinance of the city or any regulation of the parking commission, such vehicle may be removed from the place so parked at the order of either the police de­partment, the street department or the parking commission.

 

B.  Whenever evidence shows that the vehicle had been reported as stolen at the time in question, or was not parked illegally, or that he/she 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. (Ord. 2693 §2, 1989; Ord. 2315 §1, 1983; Ord. 2075 §5, 1979; prior code §20‑118).

 

10.22.220  Prima facie evidence of parking violation.

 

A. Whenever any vehicle shall have been parked in viola­tion of any of the provisions of any ordinance of the city or regulation of the parking commission regulating, pro­hibiting or restricting vehicle parking, the person in whose name the vehicle is registered shall be absolutely liable for the violation and shall be subject to the fine only penalty therefore, except as otherwise herein provided.

 

B.  Whenever city officers or a court is satisfied evidence shows that the vehicle had been reported as stolen at the time in question of the vehicle parking offense, or was not parked illegally, or that he/she 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. (Ord. 2693 §3, 1989; Ord. 2315 §1, 1983; Ord. 2075 §5, 1979; prior code §20‑118).

 

10.22.230  Parking commission‑‑Rulemaking power-‑Enforcement authority.

 

A.            The parking commission, within the limits of its authority, is empowered to regulate on‑street and off‑street parking, subject to traffic regulations imposed by the state and city. This power is to include but is not limited to:

1.             Parking regulation;

2.             Variable parking duration;

3.             Variable parking rate schedules; and

4.             Enforcement procedures.

B.            The commission is further empowered to make temporary regulations to cover emergencies or special conditions.

C.            All such regulations shall be enforced by the Missoula Parking Commission.

D.            Any fines assessed for the violations of ordinances established by the  City Council shall be  managed administratively – as a civil infraction by the parking commission and deposited as revenue for the parking commission.  Within 30 days of the issuance of the citation, any owner of a motor vehicle that has received a parking violation citation may request that the citation be forwarded to the Municipal Court for filing.  The parking commission shall forward the citation to the Municipal Court within 10 days of the request.  The parking commission shall notify the owner that the citation has been filed with the Municipal Court upon transmittal.  The owner shall appear before the Municipal Court within 10 days.  Fines collected by the Municipal Court shall be deposited as revenue for the Parking Commission.   (Ord. 3467, 2011; Ord. 2693 §4, 1989; Ord. 2075 §6, 1979; prior code §20‑118.1).

 

10.22.240  Parking commission‑‑Jurisdictional area The Missoula parking commission, created pursuant to Resolution Nos. 2997 and 2998, shall have jurisdiction to impose and enforce its regulations and exercise its powers as delegated by Title 7, Chapter 14, MCA, and this code within the boundaries outlined in Exhibit A. (Ord. 3513, 2013; Ord. 3467, 2011; Ord. 3222, 2003; Ord. 3212, 2002; Ord. 2884 §1, 1994; Ord. 2862 §1, 1993; Ord. 2512 §1, 1986; Ord. 2314 §1, 1983).

 

10.22.250  Procedure for the establishment of a residential on‑street parking permit regulation program.

 

A.            Pursuant to the powers granted to local governments pursuant to Montana state law to regulate the standing or parking of vehicles on public streets, the city council may, after holding a public hearing on any residential parking permit proposal, create pursuant to ordinance areas of the city to be designated as residential parking permit areas during specified times of the day and week if the city council finds that the residential area under consid­eration for such a designation is experiencing some of the following conditions:

1.             Predominately residential in character near a nonresidential use that attracts significant volume motor vehicle commuter traffic;

2.             An area the streets of which, without motor vehicle regulation, are regularly congested with hazardous traffic conditions, with vehicles blocking pedestrian crosswalk areas, driveways and alleys as well as obstructing visibility of pedestrians and motorists at intersections;

3.             An area in which a significant number of residential dwelling units structures in the area lack sufficient off street parking spaces to adequately serve the motor vehicle parking needs of the residents of many of the residential dwelling units structures in the residential area who without the motor vehicle parking regulation may have unreasonable burdens in gaining access to their residences.

4.             An area where limiting the parking of vehicles along the public streets in the residential area to vehicles registered or controlled and exclusively used by persons residing in the residential area is necessary in order to preserve the safety of children and other pedestrians, improve traffic safety, reduce hazardous traffic conditions and better provide adequate motor vehicle parking for residents of the area as well as improve the peace, good order, comfort, convenience and welfare of the inhabitants and preserve the character of their residential district through control and reduction of litter, noise and air pollution.

B.            Any ordinance designating an area of the city as a residential permit parking area shall describe:

1.             The designated public street area along which parking will be limited to vehicles registered to or controlled  and exclusively used by persons residing in the area;

2.             Hours of each day and days of each week that the residential parking permit regulations shall be in effect;

3.             How the regulation will primarily be enforced;

4.             The number of street parking signs to be in­stalled on each side of the street in each block to give notice to the  vehicle motoring public of the existence of a residential parking permit regulation during certain hours of each day on certain days of the week;

5.             The basis that will be used to determine the annual cost for purchasing a permit and the date by which a permit must be renewed each year;

6.             The individuals eligible to purchase a permit;

7.              Any special provisions or exceptions applicable to schools, churches, businesses, public park use, etc. within the residential area; and

8.             Visitor permit or special gathering provisions for the residential area.

C.            Upon adoption of any ordinance by the city council designating an area for residential parking permit only, the city public works department shall cause appropriate signs to be erected along the streets identified in the ordinance prior to any enforcement of the residential park­ing permit regulation. The street signs erected shall give notice of the nature of the parking limitation and shall indicate the hours and days when such parking limitations shall be in effect.

(Ord. 3467, 2011; Ord. 2865 §1, 1993; Ord. 2849 §1, 1993; Ord. 2480 §1, 1986).

 

10.22.260  Limitations on parking in a residential parking permit only area.

A.            It is unlawful for any per­son to stop, stand or park a vehicle on any street identi­fied in an ordinance adopted by the  city council designat­ing an area a residential permit only parking area during the hours and on the days set forth in such ordinance, except in the following circumstances:

1.             Those vehicles displaying a valid residential parking permit for the area; or

2.             An emergency vehicle, including, but not limit­ed to, an ambulance, fire engine or police vehicle; or

3.             A clearly marked business vehicle which is under the control of a person providing a service to per­sons or property located in the designated residential permit only parking area, including but not limited to a delivery vehicle.

B.            Anyone violating this section shall be subject to a twenty dollar fine.  A ticket for a violation may be written every four hours.  Imprisonment may not be a part of any penalty imposed for a violation of this section.

(Ord. 3467, 2011; Ord.  2480 §2, 1986).

 

10.22.270  Residential parking permit application procedure. Applications for residential parking permits shall be submitted to the city parking commission director on a form prescribed by the parking commission director and shall be accompanied by proof in a form satisfactory to the parking commission director of the applicant's place of residence within the residential parking permit only area, as well as proof of registration or use and control of each vehicle for which a residential parking permit is sought. No part of the parking permit fees shall be refundable. The amount of the fees shall be established at a level that covers the cost of administration and enforcement of the residential parking permit only regulations in the resi­dential area.  (Ord. 3467, 2011; Ord. 2480 §3, 1986).

 

10.22.280  Residential parking permit form and issuance.

 

A.            Upon approval by the parking commission director of the application of any person residing in a residential parking permit only area, a residential parking permit shall be issued for each vehicle receiving approval. Upon approval by the parking commission director of the application of any person residing in a residential parking permit only area for a temporary visitor's permit, a tempo­rary visitor's permit shall be issued by the parking com­mission director. No more than three temporary visitor's parking permits shall be issued for the same time period for a single residential dwelling unit.

 

B.            Each residential parking permit issued by the parking commission director for a vehicle shall set forth at least the date of issuance and the license number of the vehicle for which it is issued. Annual permits shall be required. A permit shall be valid for no longer than the permit year of issuance. The issuance of a residential parking permit does not serve as a guarantee that there will always be a parking space available for the permit holder on the public streets within the designated residen­tial parking permit area.

(Ord. 3467, 2011; Ord. 2480 §4, 1986).

 

10.22.290 Display of residential parking permits required. Residential parking permits shall be displayed on vehicle in the place and in the manner prescribed by the parking commission director. It is unlawful to either fail to display or improperly display a residential parking permit, or to attempt to use a residential parking permit from another area in a designated residential area. Anyone violating this section shall be subject to a   twenty dollar fine.   A ticket for a violation may be written every four hours.  Imprisonment may not be a part of any penalty imposed for a violation of this section. (Ord. 3467, 2011; Ord. 2693 §5, 1989: Ord. 2480 §5, 1986).

 

10.22.300  University of Montana residential on‑street parking permit regulation program.

 

A.            The areas designat­ed pursuant to this chapter as the University of Montana residential on‑street parking permit regulation program are outlined in Exhibit B. 

1.             No vehicle other than emergency vehicles or vehicles providing services to the area or vehicles having a permit may park on any street in the area between the hours of eight a.m. and five p.m., Monday through Friday, except for legal holidays.

2.             These regulations will primarily be enforced by the Missoula parking commission.

3.             The public works department will post an adequate number of signs per block face that indicate these restrictions.

4.             The fee for each residential permit shall be determined by the Parking Commission. Permits shall be issued for a year beginning July 1st.

5.             The fee for each guest permit shall be determined by the Parking Commission. Guest permits shall be issued for a year beginning July 1st. No more than two guest permits shall be issued to each qualified resident for use by visitor vehicles.  Permit owners allowing for the abuse of a guest permit shall be subject to the revocation of that guest permit. Such abuse shall be determined at the discretion of the parking commission director.

6.             The fee for replacement of mutilated or lost permits shall be  determined by the Parking Commission.

7.             Permits shall be issued by the director of the Missoula parking commission. Permits may be issued for motor vehicles only upon application of the following persons:

a.             A legal resident of the residential permit parking area who has a motor vehicle or vehicles registered in their name, or who has a motor vehicle for their exclusive use and under their control;

b.            Proof of residency and vehicle ownership shall be demonstrated in a manner to be determined by the director of the Missoula parking commission.

8.             Nonresidential uses will be provided with posted time limited parking.  The time limits shall be decided upon by the parking commission director and the nonresidential use owner.

9.             Employees and employers who work within the district are eligible to purchase permits, upon authorization of their employer.

10.          The parking commission director may issue special guest permits and temporary special gathering permits at their discretion.

11.          Residential permits are not transferable and shall become void if  the vehicle ownership changes from the regular permit holder.

12.          The ordinance codified in this section shall be reviewed by the Missoula parking commission and city council whenever either entity decides that such a review would be appropriate. Review of the ordinance codified in this section should consider the effectiveness of the ordinance, the financial status of the program, and any revisions to the ordinance.

(Ord. 3513, 2013; Ord. 3467, 2011; Ord. 2865 §2, 1993; Ord. 2849 §2, 1993; Ord. 2806 §1, 1992; Ord. 2693 §6, 1989; Ord. 2505 §1, 1986) .

 

10.22.310  Private parking services authorized to is­sue parking citations.

A.            "Private parking service" means the service of providing areas for parking motor vehicles, as defined in MCA 61‑12‑102 by the general public for com­pensation and includes such services conducted:

1.             On private property; or

2.             On public property under contract or agreement with the city municipality.

B.            A private parking service may enter into an agree­ment with the city municipal government to authorize em­ployees of the private parking service to issue citations for parking violations as defined by state or municipal laws, which occur within the boundaries of the private parking service's parking areas. All such citations must be considered with the jurisdiction of the city municipal government and must be handled in the same manner as cita­tions issued by peace officers and parking commission and street department employees of the city municipal govern­ment.

C.            Any private parking service vendor seeking autho­rization pursuant to an agreement with the city municipal government to empower the private parking service vendor to issue parking citations must be in compliance with and adhere to the following requirements in order to be eligible to enter into or continue in effect any agreement empowering the private parking service vendor to issue parking citations:

1.             The private parking service vendor shall pos­sess a current city business license issued by the city municipal government; unless the private parking service vendor is exempt from city business license requirements as a result of   being a nonprofit entity or earning annual gross receipts as defined as a business in Missoula City Business Licensing ordinance 5.04.040.

2.             The parking spaces on the real property on which the private parking service vendor operates its busi­ness shall be in compliance with city zoning regulations and engineering standards with respect to landscaping and the size and location of off‑street parking spaces.

3.             The private parking service employees who actually issue parking citations must have completed a city parking commission training procedure and course of instruction pertaining to the issuance of parking tickets prior to issuing  any parking citations.

4.             The private parking service vendor must agree to provide the city parking commission with a copy of any parking citation issued within twenty-four hours of its issuance or on the next city government business day whichever occurs first.

5.             The private parking service vendor must agree that any employee issuing a parking citation must be will­ing to be available to appear in court at no financial cost to the city municipal government in the event any court proceeding about a parking citation requires the presence of the private parking service vendor.

6.             The private parking service vendor's authority to issue parking citations shall be limited to the issuance of parking citations for off-street parking on the real property that is within the jurisdictional control of the private parking service vendor.

7.             The private parking service vendor must agree in writing to hold harmless the city municipal government and city parking commission for any and all aspects of the private parking vendor's operations and actions and further must  agree in writing to indemnify the city and city park­ing commission for any claims, damages or judgments paid by them that are attributable to the private parking service vendor.

D.            As authorized by MCA 61‑12‑102, a private parking service vendor is allowed to impound a motor vehicle if such impoundment does not occur by attaching a device to a motor vehicle that makes the motor vehicle immobile and as long as the private parking service vendor holds harmless and indemnifies the city municipal government and city parking commission from any claims, damages or judgments successfully asserted as a result of impoundment of a motor vehicle by a private parking service vendor.

The city municipal government shall at all times have the right to at any time terminate any agreement en­tered into or authority granted pursuant to this section. (Ord. 3467, 2011; Ord. 2635 §1, 1989).

 

 

Chapter 10.24

 

PARKING METERS

 

Sections:

 

10.24.010  Definitions.

10.24.020  Marking of spaces‑‑Manner of parking.

10.24.030  Unlawful parking.

10.24.040  Citation for violation‑‑Form.

10.24.050  Depositing slugs‑‑Tampering with parking meter.

10.24.060  Disposition of meter revenue.

 

10.24.010  Definitions. Whenever the following terms are used within any ordinance, resolution or regulation pertaining to parking meters they shall have the meanings respectively ascribed to them in this section:

A.            "Parking lot" means any area that is owned, leased by or controlled by a government entity in which the public citizens are allowed to park motor vehicles.

B.            "Parking meter zones" means portions of streets or parking lots established by the parking commission as zones within which the parking of vehicles shall be controlled, regulated and inspected with the aid of timing devices known as parking meters.

C.            "Parking time" means that amount of time indicated on each parking meter beyond which a vehicle cannot be legally parked.

D.            "Roadway" means portions of a street between regularly established curb lines.

E.            "Sidewalk" means portions of a street between the curb lines and the adjacent property lines intended for use by pedestrians.

F.            "Street" means every way set apart for public travel except alleyways, bridle paths and foot paths.

G.            "Vehicle" means a conveyance propelled by motor power.

(Ord. 3467, 2011; Ord. 2075 §1, 1979; prior code §20‑127).

 

10.24.020  Marking of spaces‑‑Manner of parking The city traffic engineer shall place lines or marks on the curb or on the street alongside of each parking meter to designate the parking space for which the meter is to be used, and each vehicle parked alongside of any parking meter shall park within the lines or markings so established. No person shall park any vehicle in such a way that the same shall not be within the area so designated by such lines or markings. The bumper of any vehicle parked in a parallel parking space shall be alongside of or next to the parking meter. (Ord. 3467, 2011; Ord. 2694 §1, 1989; prior code §20‑130).

 

10.24.030  Unlawful parking. Between the hours of 9:00 a.m. and 5:00 p.m., on all days except Sundays and legal holidays, it shall be unlawful for a vehicle to be parked in any space alongside of or next to which a parking meter is located, unless the meter has been placed in operation. If the vehicle remains parked in the parking space beyond the legal parking time which is designated by a sign or a signal of the parking meter showing illegal parking, the vehicle shall be considered as parked overtime and the parking of a vehicle overtime or the failure to put the meter in operation, shall be a violation of this chapter and punishable as set forth in Chapter 10.54.

 

A.            It shall be unlawful to extend the parking time for a vehicle beyond the maximum parking time indicated on the meter in either of the following ways:

1.             Placing money or tokens in the meter;

2.             Wiping off chalk marks placed on the vehicle tire by authorized personnel.

B.            Each time period a vehicle remains parked beyond the legal parking time shall constitute a separate offense.

(Ord. 3467, 2011; Ord. 2075 §8, 1979; prior code §§131, 132).

 

10.24.040  Citation for violation‑‑Form. It shall be the duty of the parking commission to enforce and to issue citations for violations of the provisions of the city's parking meter violations. Citations issued for violations of parking meter regulations shall show:

 

A.            The number of each parking meter which indicates that the vehicle occupying the parking space adjacent to such parking meter is or has been parked in violation of any of the provisions of the city's parking meter regulations;

B.            The state and license number of the vehicle;

C.            Any other facts, a knowledge of which is necessary to a thorough understanding of the circumstances attending such violation; further, it shall be the duty of the parking commission to cause to be attached to any vehicle parked in violation of this chapter a notice that it has been parked in violation of this chapter and instruct the owner or operator to report to the parking commission in regard to such violation within thirty days. The citation shall contain sufficient information to inform the owner of their rights under 10.22.230. (Ord. 3467, 2011; Ord. 2694 §2, 1989; Ord. 2075 §9, 1979: prior code §20‑133).

 

10.24.050 Depositing slugs‑‑Tampering with parking meter.

 

A.            No person shall deposit or cause to be deposited in any parking meter any slug, device or other substitute for the five cent, ten cent or twenty-five cent coin and legal tender of the United States unless the parking commission has approved a token to be used in the meters.

B.            No person shall open, deface, injure, tamper with or willfully break, destroy or impair the usefulness of any parking meter or tie, hitch, chain or otherwise affix any animals thereto or chain or otherwise affix any bicycle thereto.

(Ord. 3467, 2011; Ord. 2694 §3, 1989; Ord. 2075 §10, 1979; prior code §20‑138).

 

10.24.060  Disposition of meter revenue.

A.            The coins required to be deposited in parking meters as provided in this chapter are levied and assessed as fees to provide for the proper regulation and control of traffic upon the public streets and to cover the cost of the supervision, inspection, installation, operation, maintenance, control and use of the parking space and parking meters described in this chapter, and also the cost of supervision and regulating the parking of vehicles in the parking meter zones created by the ordinances codified in this chapter and to be hereafter created.

B.            The parking commission director, or their duly authorized agent, shall collect from time to time, all coins from all parking meters installed pursuant to this chapter, and place the same in the appropriate account of the Missoula parking commission for as long as the parking commission exists; otherwise, the city shall collect the coins and place them in a city general fund account.

(Ord. 3467, 2011; Ord. 2694 §4, 1989; prior code §20‑136). 

 
 

Chapter 10.26

 

EMERGENCY PARKING RESTRICTIONS

 

Sections:

 

10.26.010  Restrictions authorized.

10.26.020  Notice of restrictions.

10.26.030  Termination of parking restrictions.

10.26.040  Division to take precedence over conflicting provisions of law‑‑Exceptions.

10.26.050  Removal, impounding and return of illegally parked motor vehicles.

10.26.060  Citation of violators‑‑Prima facie evidence of violation.

10.26.070   Violation‑‑Penalty.

 

10.26.010  Restrictions authorized.

 

A. Whenever the mayor determines that parking motor vehicles on city streets should be prohibited or restricted for street cleaning, snow plowing, snow removal or other emergency purposes, the mayor shall put into effect a parking prohibition on designated streets as necessary by declaring it in a manner prescribed by this chapter. The prohibition or restriction shall remain in effect until terminated by announcement by the mayor, in accordance with this chapter, or as may be set forth in any notice given under this chapter, except, that any street area which has been cleared of snow, ice or other debris for the length of an entire block shall be automatic­ally excluded therefrom.

   

B.  While the prohibition or restriction is in effect, no person shall park any motor vehicle or allow any motor vehicle to remain parked, on any street to which the pro­hibition or restriction applies. (Prior code §20‑138.1).

 

10.26.020  Notice of restrictions.

    

A. The mayor shall cause each declaration made by him pursuant to this chapter to be publicly announced by a means of radio broadcasts or telecasts from stations with a normal operating range cover­ing the city and he may cause such declaration to be further announced in newspapers of general circulation in the city when feasible. Each announcement shall describe the action taken by the mayor, including the time it became or will become effective, and shall specify the streets or areas affected. A parking prohibition shall not go into effect until at least eight hours after notice thereof has been first announced or the first publication thereof has been made in a newspaper of general circulation in the city.

   

     B.  The mayor shall make or cause to be made a record of each time and date when any such declaration or notice is announced or given to the public in accordance with this action. (Prior code §20‑138.2).

 

10.26.030  Termination of parking restrictions. When­ever the mayor shall find that some or all of the conditions which give rise to a parking prohibition in effect pursuant to this chapter no longer exists, he may declare the prohibi­tion terminated, in whole or in part, effective immediately upon announcement in the same manner prescribed for giving notice of the parking prohibition. (Prior code §20‑138.3).

 

10.26.040  Division to take precedence over conflicting provisions of law‑‑Exceptions. Any provision of this chapter which becomes effective by declaration of the mayor shall, while temporarily in effect, take the precedence over other conflicting provisions of law normally in effect; except, that it shall not take precedence over provisions of law relating to traffic accidents, emergency travel or authorized emergency vehicles or emergency traffic directions by a police officer. (Prior code §20‑138.4).

 

10.26.050  Removal, impounding and return of illegally parked motor vehicles. Motor vehicles parked in violation of this division may be impounded, removed or returned under and pursuant to the provisions of Section 10.22.210. (Prior code §20‑138.5).

 

10.26.060  Citation of violators‑‑Prima facie evidence of violation

   

A. Whenever any motor vehicle without a driver is found parked or left in violation of any provision of this chapter, and is not removed and impounded as provided in Section 10.26.050, the police officer finding the motor vehicle shall take its registration or license number and any other information displayed on the vehicle which may identify its users or owner, and shall conspicuously affix to such motor vehicle a traffic citation, on a form provided by the police department, for the driver to answer to the charge against him within the time and at the place provided for in the citation.

  

B.  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 chapter, the registered owner of the motor vehicle shall be absolutely liable for the violation and shall be subject to the penalty therefor. (Ord. 2315 §2, 1983; prior code §20‑138.6).

 

10.26.070  Violation‑‑Penalty. Any person who shall violate any provision of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not less than five dollars nor more than fifty dollars, by imprisonment in the city jail for not more than thirty days or by both such fine and imprisonment. (Prior code §20‑138.7).

 

 

Chapter 10.28

 

GOVERNMENTAL PARKING LOTS

 

Sections:

 

10.28.010  Purpose.

10.28.020  Governmental agency, unit, or other entity defined.

10.28.030  Application for city enforcement‑‑Generally.

10.28.040  Application for city enforcement‑­Requirements for administrative approval.

10.28.050  Application for city enforcement‑­ Presentation to city council.

10.28.060  Application for city enforcement—City council approval. 

10.28.070  Enforcement of chapter.

 

10.28.010  Purpose. The city finds and declares that there is a need to provide a means for the regulation of

parking in governmental parking lots located in the city where the means of regulation has not already been provided

by the appropriate governmental unit. (Prior code §20‑14A‑2) .

 

10.28.020 Governmental agency, unit, or other entity defined. "Government agency, unit, or other entity" means any agency, unit, or entity which is provided monetary fund­ing entirely from public taxation sources at the local, state, or federal level. (Prior code §20‑14A‑1).

 

10.28.030  Application for city enforcement‑‑Generally.  Any governmental agency, unit or other entity which owns, leases, or otherwise controls off‑street parking facilities located within the city may make application to the city council requesting the city to enforce parking regulations in such off‑street parking facilities. The application shall be approved by the city council upon compliance by the applicant with the remaining sections of this chapter. Such enforcement may be suspended or terminated for any period of time that the mayor or a majority of the city council shall declare that the applicant is not in compliance with the provisions of this chapter or the applicant agency requests termination of enforcement of this chapter on its property. (Prior code §14A‑3).

 

10.28.040  Application for city enforcement‑‑Require­ments for administrative approval.

 

A. Prior to the presen­tation of any application to the city council, the applica­tion must first receive the written approval of the director of public works, and the chief of police and the parking commission director. The approval of the director of public works shall be given providing the application shows that the applicants have complied with the following requirements with respect to off‑street parking facility:

      

1.  All off‑street parking space shall be at least nine feet in width and at least eighteen and one‑half feet in length

exclusive of access drives or yard area. Such spaces shall have a minimum vertical clearance of at least eight feet.  

   

2.  All off-street parking areas and access drives shall be paved or made of concrete.  No such surfaces

shall be permitted between the curb and the property line except for access drives.

 

3.  Adequate drainage structures shall be provided within the off‑street parking area to handle surface water. If a storm drain system does not exist, concrete drainage sumps shall be provided. An estimated quantity of one sump per   

     ten thousand square feet shall be used or a minimum of one.  The minimum of one may be waived by the city engineer     

     if he determines that surrounding drainage is adequate. 

 

4.  No lighting used to illuminate a parking area or its sign shall face or have its source directly visible from any        residential district and shall not be a nuisance or hazard to passing traffic.

 

          5.  All traffic‑control devices, such as parking stripes designating vehicle stalls, directional arrows or signs, pin‑down curbs, curbing and other developments shall be installed and completed as shown on the approved plan. 

 

          6.  Where exclusive pedestrian walks are used in the parking lots, they shall be protected by a physical barrier such as raised or pin-down curbs.

 

                      7.    All traffic signs shall conform to the Manual on Uniform Traffic‑Control Devices.

 

          8.  Parking spaces to be reserved for specific per­sons, purposes or vehicles shall be marked with an approved sign

and vehicles using reserved spaces shall visibly dis­play an approved reserve parking sticker in the driver's side rear  

window. Reserve parking stickers and signing sys­tems for reserved parking shall be approved by the police chief.

 

                      9.    Parking spaces with timed parking restrictions shall have approved parking meters.

 

     B.  The approval of the chief of police shall be given upon certification by the chief of police of the following facts:

 

1.  That there is not presently existing an adequate and legal means of enforcing off‑street parking regulations in the applicant's facilities; and

2.  That the city police department or requesting agency has adequate personnel and equipment to enforce such   regulations, as are proposed. (Ord. 2695 §1, 1989; prior code §14A‑4).

 

10.28.050  Application for city enforcement‑‑Presenta­tion to city council. Upon approval of the application by the public works director and the chief of police and the parking commission director, the application may be pre­sented to the city council for approval. If the public works director or the chief of police or the parking com­mission director shall disapprove the application, the applicant may appeal such disapproval to the city council, whose decision shall be binding and final. (Ord. 2695 §2, 1989; prior code §14A‑5).

 

10.28.060  Application for city enforcement‑‑City council approval. Upon approval of the application of the city council, by resolution, such resolution shall be pub­lished in a newspaper of general circulation in the city once a week for four weeks. Five days after the completion of the publication, it shall be unlawful for any person to park a motor vehicle in violation of any posted regulation in an approved governmental off‑street parking facility. (Prior code §14A‑6).

 

10.28.070  Enforcement of chapter. Enforcement of this chapter shall be accomplished by the issuance of uniform city parking tickets and all city ordinances of general ap­plication to parking offenses shall be applicable, including the provisions for fines and penalties. (Prior code §14A-­7) .

 

 

Chapter 10.30

 

LOADING AND UNLOADING

 

Sections:

 

10.30.010  Repealed.

10.30.020  Loading zones‑‑Passenger loading zones‑­ Designated.

10.30.030  Signs to indicate loading zones.

10.30.040  Restrictions and time limits.

10.30.050  Stopping or standing.

10.30.060  Stopping or standing in alleys.

10.30.070  Special uses‑‑Fees.

10.30.080  Public carrier stands.

 

10.30.010  Repealed. (Ord. 3467, 2011; Prior code §20‑119).

 

10.30.020  Loading zones‑‑Passenger loading zones‑‑Designated. The city engineer is authorized to determine and to designate loading zones and passenger loading zones as follows:

 

A.            At any place in the business district,  for the purpose of loading and unloading.

B.            Elsewhere in front of the entrance to any place of business or in front of any hall or place used for the purpose of public assembly.

(Ord. 3467, 2011; Ord. 1831, 1977; prior code §20‑120).

 

10.30.030  Signs to indicate loading zones.  Loading zones and passenger loading zones shall be indicated with a sign nearby stating the nature of the zone. (Ord. 3467, 2011; Prior code §20‑121).

 

10.30.040  Restrictions and time limits.

 

A.            Permission granted under the provisions of this chapter, to stop or stand a vehicle for purposes of loading or unloading of materials and shall not extend beyond the time necessary therefore, and in no event for more than twenty minutes.

 

B.            Within the total time limits specified, the provisions of this section shall be enforced so as to accommodate necessary and reasonable loading or unloading, but without permitting abuse of the privileges granted by this chapter.

(Ord. 3467, 2011; Prior code §20‑122).

 

10.30.050  Stopping or standing in loading zones. No person shall stop, stand or park a vehicle in any loading zone for any purpose other than loading or unloading passen­gers or material for such time as is permitted by the pre­ceding section. (Ord. 3467, 2011; Prior code §20‑123).

 

10.30.060  Stopping or standing in alleys. No person shall stop, stand or park a vehicle for any purpose other than the loading or unloading of persons or materials in any alley. (Ord. 3467, 2011; Prior code §20‑124).

 

10.30.070 Special uses‑‑Fees.

 

A.            The following special uses and charges shall apply within the parking metered district of the city. All applications shall be through the office of the parking commission and permits will be issued by the director of the parking commission upon payment of required fees:

1.             Generally. No curb loading zone shall be designated or signed by the director of the parking commission upon request of any person unless such person makes application for a permit for such zone of signs and pavement markings to indicate same which is approved by the parking commission.

2.             Taxicab Companies. Companies owning and operating taxicabs within the city shall be allowed not more than five stalls or parking meter spaces within the metered zone. The application shall state the location of the desired zone. Fee shall be established by the parking commission.

3.             Loading Zones. The application shall set forth the location desired, number of passenger parking spaces and business hours during which the zone shall be so used. Fee shall be established by the parking commission.

4.             Commercial Parking. Any operators of commercial vehicles providing service and/or delivery of goods, wares or merchandise, requiring frequent daily business calls in the metered area, may apply for a commercial permit. The application shall state the name, address and business of the applicant. Approval of the application shall be made by the director of the parking commission, and the fees shall be established by the parking commission:

a.             Permission granted under the provisions of this chapter to stop or park  for purposes of service, loading or unloading passengers and/or goods, wares or merchandise, shall not extend beyond the time necessary therefore and in no event longer than two hours in any one spot, or the limit of the meter where parked.

b.            It remains the right of the parking commission to revoke any commercial business permits if they are abused.

c.             Fines will be the same as for normal meter violations.

5.             Disabled Persons. The application shall state the nature of the applicant's disability  with attached verification from an attending physician, and upon approval of the director of the parking commission, and the fee shall be established by the Missoula parking commission.

B.            All driveways within the metered district determined by the city engineer to have no use for ingress and egress purposes shall, upon approval of the city council, be replaced by a curb or sidewalk.

C.            Fees shall be payable annually in advance and no permit shall be issued for less than six months.

(Ord. 3467, 2011; Ord. 2696 §1, 1989; Ord. 1832, 1977; Ord. 1838, 1977; prior code §20‑125).

 

10.30.080  Public carrier stands.

 

A.            The city engineer is authorized and required to establish bus stops and taxicab stands for other passenger common‑carrier motor vehicles on such public streets in such places and in such manner as they shall determine to be of the greatest benefit and convenience to the public, and every bus stop, taxicab or other stand shall be designated by appropriate signs.

B.            The driver of a bus or taxicab shall not park upon any street in the central business district at any place other than at a bus stop or taxicab stand, respectively; except, that this provision shall not prevent the driver of any such vehicle from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in loading or unloading passengers.

C.            No person shall stop, stand or park a vehicle other than a bus in a bus stop or other than a taxicab in a taxi­cab stand when any such stop or stand has been officially designated and appropriately signed; except, that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter the zone.

(Ord. 3467, 2011; Prior code §20‑126).

 

Chapter 10.32

 

TRUCK ROUTES

 

Sections:

 

10.32.010  Definitions.

10.32.020  Application of chapter.

10.32.030  Exceptions.

10.32.040  Routes established.

10.32.050  Maps indicating routes.

10.32.060  Weighing‑in.

 

10.32.010  Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings

respectively ascribed to them by this section:

 

A.    “Deviating truck” means a truck which leaves and departs from a truck route while traveling inside the city.

    

     B.  "Truck" means any vehicle designed or operated for the transportation of property, and whose body weight or

whose combined body and load weight exceed eight thousand pounds.

 

C.  "Truck route" means a way over certain streets, as designated herein, over and along which trucks coming into,

going out of and traveling within the city must operate. (Ord. 2076, 1979; prior code §20‑148).

 

10.32.020  Application of chapter. All trucks within the city shall be operated only over and along the truck routes established by this article. (Prior code §20‑149).

 

10.32.030  Exceptions. This article shall not prohi­bit:

 

A.  The operation of trucks upon any street where nec­essary to the conduct of business at a destination point; provided, that streets upon which such traffic is permitted are used until reaching the intersection nearest the des­tination point.

    

B.    The operation of emergency vehicles upon any street in the city.

 

C.    The operation of trucks owned or operated by the city, public utilities, any contractor or materialman, while

engaged in the repair, maintenance or construction of streets, street improvements or street utilities within the city.

 

D.    The operation of trucks upon any officially estab­lished detour in any case where such trucks could

lawfully operated upon the street for which such detour is estab­lished.

 

E. The operation of unloaded trucks upon any street where such trucks are being driven to the owner's or

operator’s premises for storage; provided, that streets upon which such traffic is permitted are used until reaching the intersection nearest the destination point. (Prior code §20‑150).

 

10. 32. 040   Routes established.   The following truck routes are established within the city:

 

Broadway Street:   between the city limits on the east and the city limits on the west;

Brooks Street (U.S. Highway 93):   between Higgins Avenue on the northeast to the city limits on the southwest;

Cooley Street:   between Russell Street on the west and Bulwer Street on the east;

Cregg Lane:   between Orange Street Bridge on the east and Hickory Street on the west;

Frontage Road:   between North 3rd Street West on the southeast and North 5th Street West on the northwest;

Grant Creek Road:   between Reserve Street on the north to the city limits on the south;

Higgins Avenue:   between Spruce Street on the north and Pattee Canyon Road on the south;

Howard Raser Avenue:   between Grant Creek Road on the east and Reserve Street on the west;

Johnson Street:   between South 3rd Street West on the north and South Avenue on the south;

Madison Street:   between East Spruce Street on the north and South 5th Street East on the south;

Maurice Avenue:   between South 6th Street East on the south and Madison Street Bridge on the north;

Mount Avenue:   between Brooks Street on the east to Russell Street on the west;

Mullan Road:   between Broadway Street on the east to the city limits on the west;

North 2nd Street East:   between West Greenough Drive on the east and Ryman Street on the west;

North 3rd Street:   between Ryman Street on the east and Frontage Road on the west;

North 5th Street West:   between Frontage Road on the east and Worden Avenue on the west;

North Avenue West:   between Russell Street on the east and Johnson Street on the west;

Orange Street:   between Interstate 90 on the north and Stephens Avenue on the west;

Pattee Canyon Road:   between Higgins Avenue on the northwest and the city limits on the southeast;

Railroad Street:   between Toole Avenue on the west and Orange Street on the east; between Russell Street on the east and Broadway Street on the west;

Reserve Street: Interstate 90 on the north to 39th Street on the south;

Rodgers Street:   between Scott Street on the east Cemetary Road on the west; between Cemetary Road from Rodgers Street on the east to the city limits on the west;

Russell Street:   between 39th Street on the south to Railroad Street on the north;

Ryman Street:   between North 2nd Street on the south and North 3rd Street on the north;

Scott Street:   between Broadway Street on the south to Rodgers Street on the north;

Shakespeare Street:   between Rodgers Street on the south to Coal Mine Road on the north;

South 3rd Street West:   from Higgins Avenue on the east to the city limits on the west;

South 5th Street East:   between Madison Street Bridge on the east and South Higgins Avenue on the west;

South 5th Street West:   between South Higgins Avenue on the east to Orange Street on the west;

South 6th Street East:   between South Higgins Avenue on the west and Maurice Avenue on the east;

South 6th Street West:   between South Higgins Avenue on the east to Orange Street on the west;

South Avenue West:   between South Higgins Avenue on the east and the city limits on the west;

South Fourteenth Street West:   between Russell Street on the east and Johnson Street on the west;

Southwest Higgins Avenue:   between South Higgins Avenue on the east to 39th Street/Russell Street on the west;

Spruce Street:   between Madison Street on the east and Orange Street on the west;   

Stephens Avenue:   between Orange Street on the northeast and South Avenue on the south;

Stockyard Road:   between Reserve Street on the west to Grant Creek Road on the east;

Thirty-ninth Street:   between Southwest Higgins Avenue/Russell Street on the east to the city limits on the west;

Toole Avenue:   between Broadway Street on the west to Railroad Street on the east;

Turner Street:   between Russell Street on the west and Burlington Northern Railway on the east;

Turner Street:   between Worden Avenue on the east and Scott Street on the west;

Van Buren Street:   between Broadway Street on the south and Interstate 90 on the north;

Worden Avenue:   between North 5th Street on the south and Turner Street on the north (Ord. 3013, 1997; Ord. 2608, 1988; Ord. 2351 §l, 1983; prior code §20‑151).

 

10.32.050  Maps indicating routes. The city clerk shall keep and maintain accurate maps setting out truck routes and streets upon which truck traffic is permitted; the maps shall be kept on file in the office of the city clerk and shall be available to the public. (Prior code §20‑152).

 

10.32.060  Weighing‑in. The police department shall have the authority to require any person driving, or in con­trol of any truck, not proceeding over a truck route or street on which truck traffic is permitted to proceed to any public or private scale available for the purpose of weigh­ing and determining whether this chapter has been complied with. (Prior code §20‑153).

 

Chapter 10.33

 

VEHICLE REMOVAL

 

Sections:

 

10.33.010  Vehicle immobilization.

10.33.020  Authorized.

10.33.030  When prior notification is required.

10.33.040  Notification procedure after removal.

10.33.050  State registrar of motor vehicles notified when.

10.33.060  Cost liability.

10.33.070  Removal not deemed bar to filing complaint.

10.33.080  Hearing‑‑City liability when.

 

10.33.010  Vehicle immobilization. Parking commission employees are authorized to use a vehicle immobilizer (“boot”) to immobilize any vehicle that is parked in violation of any parking ordinance or parking tickets, and has five (5) or more unpaid parking tickets, and the parking commission has either (a) mailed or placed on the vehicle at least one notice or summons to the registered owner informing the registered owner that one or more of the parking tickets are unpaid or (b) has filed a complaint in court charging the registered owner with unpaid parking tickets on the vehicle and no individual has appeared for arraignment on the complaint. (Ord. 3467, 2011; Ord. 3096, 1999; Ord. 2167 §1, 1980).

 

10.33.020 Authorized. Members of the city police, fire, and street departments as well as employees of the parking commission are authorized to remove or have towed to the nearest place of safety, or to either a commercial or city owned garage or vehicle storage facility, any motor vehicle, trailer, semitrailer, or house trailer that is:

A.            Left unattended upon any bridge, viaduct, street, alley, highway, or publicly owned or leased parking lot, or in any tunnel or underpass so that it obstructs or hinders the movement of motor vehicle traffic;

B.            Disabled upon any bridge, viaduct, street, highway, alley, or publicly owned or leased parking lot, or in any tunnel or underpass so that it obstructs or hinders the movement of motor vehicle traffic, and the person or persons operating or in charge of such vehicle are by reason of physical injury, incapacitation, or for any other reason unable to provide for its removal;

C.            Parked in violation of any parking ordinance or regulation and the vehicle has at least  five (5) unpaid parking tickets and the parking commission has either (1) mailed or placed on the vehicle at least one notice or summons to the registered owner inform­ing the registered owner that one or more of the parking tickets are unpaid or (2) has filed a complaint in court charging the registered owner with unpaid parking tickets on that ve­hicle and no individual has appeared for arraignment on the complaint.

(Ord. 3467, 2011; Ord. 2167 §2, 1980).

 

10.33.030  When Prior notification is required. Members of the city police, fire, and street departments as well as the employees of the parking commission are authorized to remove or have towed to the nearest storage fa­cility any motor vehicle, trailer, semitrailer, or house trailer in the following instances, only after an attempt has been made to contact the registered owner either by telephone, in person, or placing a notice on the vehicle prior to actually moving the vehicle:

 

A.            Whenever the vehicle is parked in violation of any parking ordinance or regulation, other than in those in­stances specified in Section 10.33.020;

B.            Whenever the vehicle is parked in violation of any barricade, traffic cone, sign, or other traffic control device, other than in those instances specified in Section 10.33.020.

(Ord. 3467, 2011; Ord. 2167 §3, 1980).

 

10.33.040  Notification procedure after removal. Whenever a city employee or parking commission employee orders the towing of any motor vehicle under any of the circumstances specified in this chapter, the employee or the employee's designee shall immediately attempt to identify and contact the registered owner by telephone or otherwise as soon as possible after the removal or towing has occurred. Further, the party towing the vehicle shall immediately notify the radio dispatcher at the police department and inform the dis­patcher that a vehicle has been towed from a specific loca­tion and further give the dispatcher a detailed description of the vehicle. If the registered owner cannot be contacted orally or in person the day the vehicle is towed, the city employee or parking commission employee shall immediately give notice in writing to such owner of the fact of such re­moval or towing, the reasons therefore, and the place to which the vehicle has been removed. The notice shall be duly placed in the mail and if the registered owner's address is within the city limits a copy of the notice shall also be delivered to and placed at the registered owner's address on the day the towing occurs. Whenever the vehicle is stored at a commercial garage, a copy of such notice shall also be given to the proprietor of such garage. (Ord. 3467, 2011; Ord. 2167 §4, 1980).

 

10.33.050  State registrar of motor vehicles notified when.   Whenever a vehicle is towed or removed pursuant to this chapter and the city employee or parking commission employee does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give notice to the owner as provided in this chapter, and in the event the vehicle is not returned to the owner thereof within a period of three business days, then and in that event the employee shall immediately send, or cause to be sent, a written report of such removal, by mail, to the state registrar of motor vehicles, and shall file a copy of such no­tice with the proprietor of any public garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time and place from which it was removed, the reasons for such removal, and the name of the garage, or place where the vehicle is stored. (Ord. 3467, 2011; Ord. 2167 §5, 1980).

 

10.33.060  Cost liability. The cost of removal and storage of any vehicle moved or towed pursuant to this chapter shall be paid by the owner or operator of the ve­hicle unless the Missoula Municipal Court orders otherwise because the court has determined that the vehicle was not improperly parked. (Ord. 3467, 2011; Ord. 2167 §6, 1980).

 

10.33.070  Removal not deemed bar to filing complaint. The removal, towing, or taking possession of any vehicle for the violation of any parking ordinance or regulation or for the violation of any barricade, traffic cone, signs or other traffic control device shall not prohibit the filing of a complaint in connection with such violation. (Ord. 3467, 2011; Ord. 2167 §7, 1980).

 

10.33.080  Hearing‑‑City liability when. Any owner or operator of a motor vehicle at their request is entitled to have a speedy hearing to determine if the vehicle in question was properly parked and thus improperly towed. The court shall attempt to have a hearing on such matter as soon as all parties can be present, preferably on the day the towing occurred; but in no instance shall the hearing be any later than three business days after the towing has occurred. If it is the court's determination that the vehicle was properly parked and that the towing was improper, then the court may order the parking commission or city to bear the costs of removal and storage. (Ord. 3467, 2011; Ord. 2167 §8, 1980).

 

 

Chapter 10.36

 

MOTORCYCLES

 

Sections:

 

10.36.010  Noise suppression devices required.

10.36.020  Protective headgear required.

10.36.030  Riding requirements.

 

10.36.010  Noise suppression devices required. All motorcycles operated on the streets, alleys and public ways of this city shall be equipped at all times with noise sup­pression devices, including an exhaust muffler, in good working order, and in constant operation. (Prior code §20-­14.1).

 

10.36.020  Protective headgear required. The operator and passenger under eighteen years of age of any motorcycle operated upon the streets, alleys, and public ways of this city shall wear protective headgear upon the head. Such headgear shall meet standards established by the Montana Department of Justice. (Ord. 2098 §1, 1980; prior code §20‑14.2).

 

10.36.030  Riding requirements. A person operating a motorcycle or motor driven cycle shall not ride other than upon the permanent and regular seat attached thereon, nor shall any other person ride upon such motorcycle other than upon a firmly attached seat to the rear or side of operator. (Prior code §20‑95).

 

 

Chapter 10.38

 

RECREATIONAL VEHICLES

Sections:

 

10.38.010  Standards adopted.

 

10.38.010  Standards adopted. The city adopts by reference, in its entirety, all of the provisions contained in the Standard for Recreational Vehicles, NFPA No. 501C, 1974 edition. (Prior code §20‑194).

 

 

Chapter 10.40

 

SNOWMOBILES

 

Sections:

 

10.40.010  Definitions.

10.40.020  Rules of operation.

10.40.030  Violation‑‑Penalty.

 

10.40.010  Definitions. For the purposes of this chapter, the following words and phrases shall have the

meanings respectively ascribed to them by this section:

 

A.  "Operator" means every person who operates or is in actual physical control of the operation of a snowmobile.

 

B.  "Owner" means every person, other than a lien holder or other person having a security interest only, holding record title to a snowmobile and entitled to the use or possession thereof.

 

C.  "Person" means any individual, partnership, association, corporation and any other body or group of persons, whether incorporated or not, and regardless of the degree of formal organization.

 

D. "Snowmobile" means any self‑propelled, track‑driven vehicle designed primarily for travel on snow or ice or natural terrain, which may be steered by wheels, skis or runners and which is not otherwise registered or licensed under the laws of the state. (Prior code §20‑191).

 

10.40.020  Rules of operation. No person, owner or operator shall operate a snowmobile upon the streets located

within the city; except, that a snowmobile may make a direct crossing of a street where such crossing is necessary to get to another area of operation. Such crossing shall be made at an angle of approximately ninety degrees to the direction of the street, at a place where no obstruction prevents a quick and safe crossing. The snowmobile shall make a complete stop before entering upon any part of the road, and the operator shall yield the right of way to all oncoming traffic. (Prior code §20‑192).

 

10.40.030  Violation‑‑Penalty. Violation of this chapter shall be considered a misdemeanor and shall be punished by a fine of not more than one hundred dollars or imprisonment of not more than thirty days, or both. (Prior code §20‑193).

 

 

Chapter 10.42

 

BICYCLES

 

Sections:

 

10.42.010  Applicability‑‑Unlawful acts.

10.42.020  Applicability of traffic laws to bicycles.

10.42.030  Obedience to traffic‑control devices—Method of giving turn signals.

10.42.040  Registration.

10.42.050  Brake requirement.

10.42.060  Lamps, reflectors, and bicycle leg lights.

10.42.070  Manner of riding.

10.42.080  Riding on roadways and bicycle paths.

10.42.090  Riding on sidewalks.

10.42.100  Speed.

10.42.110  Emerging from alley or driveway.

10.42.120  Carrying articles:

10.42.130  Clinging to vehicles.

10.42.140  Parking.

10.42.150  Rental agencies.

 

10.42.010  Applicability‑‑Unlawful acts

    

A. It shall be a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter.

 

B.  The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter.

 

C.  These regulations applicable to bicycles shall apply whenever a bicycle is‑operated upon any street or upon any public path set aside for the exclusive use of bicycles, subject to those exceptions stated in this chapter. (Prior code §20‑154).

 

10.42.020 Applicability of traffic laws to bicycles. Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of this state declaring rules of the road applicable to vehicles or by the traffic ordinances of the city applicable to the dri­ver of a vehicle, except as to special regulations in this chapter and except as to those provisions of laws and any ordinances which by their nature can have no application. (Prior code §20‑155).

 

10.42.030  Obedience to traffic‑control devices‑‑Method of giving turn signals.

    

A.    Any person operating a bicycle shall obey the instructions of official traffic‑control signals, signs and other

control devices applicable to ve­hicles, unless otherwise directed by a police officer.

 

B.  Whenever authorized signs are erected indicating that no right or left or U‑turn is permitted, no person operating a bicycle shall disobey the direction of any such sign, except where such person dismounts from the bicycle to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians.

    

C.  A signal to turn right or left when required, shall be given continuously during no less than the last one hun­dred feet traveled by the bicycle before turning, and shall be given while the bicycle is stopped waiting to turn, except that a signal by hand and arm need not be given continuously if the hand is needed in control or operation of the bicycle. (Ord. 1902, 1978; prior code §20‑156).

 

10.42.040  Registration.

 

A. The city treasurer, as a service to the public, will register bicycles for a period of three years. There shall be no charge for such registra­tion.

 

B.    The city treasurer shall keep a record of such registration, the date issued, the name and address of the person to whom the bicycle is registered, and the serial number on the frame of the bicycle which is registered. (Ord. 1909, 1978; prior code §20‑168).

 

10.42.050  Brake requirement. Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement. (Prior code §20‑166).

 

10.42.060  Lamps, reflectors, and bicycle leg lights. 

 

     A.  Every bicycle when in use at nighttime, shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear of a type which shall be visible from all distances from fifty to three hundred feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle.

 

     B.  A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector.

 

C.  The requirements of this section can be satisfied by the use of lights attached to the leg of the bicycle rider. Such lights shall be visible from both front and rear and have the same lighting capacity as the above‑described lamps and reflectors. (Ord. 2040, 1979; prior code §20‑165).

 

10.42.070 Manner of riding.

 

A. A person propelling a bicycle shall not ride other than astride a permanent and regular seat attached thereto.

 

B.  No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped, except that a child may be carried in a pack worn by the bicycle operator. (Ord. 1903, 1978; prior code §20‑157).

 

10.42.080  Riding on roadways and bicycle paths.

 

A. Every person operating a bicycle upon a roadway shall ride as near the right hand side of the road as practicable.

In the following situations to so ride shall be deemed not practicable:

 

1.   When moving the same speed as traffic.

 

2.   When preparing for a left turn at an intersection or into a private road or driveway.

 

3.   When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or narrow width lanes) that make it unsafe to continue along the right hand curb or edge.

 

4.   When approaching a location where there is reasonable probability that a motor vehicle may turn right, crossing the bicycle's path.

 

B.  Every person operating a bicycle upon a roadway or highway which carries traffic in one direction only and has two or more marked lanes, may ride as near the left hand curb or edge of such roadway as practicable. (Ord. 1904, 1978; prior code §20‑158).

 

10.42.090 Riding on sidewalks.

    

A. No person shall ride a bicycle upon a sidewalk within a business district.

 

B.  No person fifteen or more years of age shall ride a bicycle upon any sidewalk in any district.

 

C.  Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right of way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian. (Prior code §20‑164).

 

10.42.100  Speed. No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing. (Prior code §20‑159).

 

10.42.110  Emerging from alley or driveway. The operator of a bicycle emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right of way to all pedestrians approaching on the sidewalk or sidewalk area, and upon entering the roadway shall yield the right of way to all vehicles approaching on the roadway. (Prior code §20‑160).

 

10.42.120  Carrying articles. No person operating a bicycle shall carry any package, bundle or article which prevents the rider from keeping at least one hand upon the handlebars. (Prior code §20‑162).

 

10.42.130  Clinging to vehicles. No person riding upon any bicycle shall attach the bicycle or himself to any vehicle upon a roadway. (Prior code §20‑161).

 

10.42.140  Parking. No person shall park a bicycle upon a street, other than upon the roadway against the curb, or upon the sidewalk in a rack to support the bicycle, or against a building or at the curb, in such a manner as to afford the least obstruction to pedestrian traffic. (Prior code §20‑163).

 

10.42.150  Rental agencies. A rental agency shall not rent or offer any bicycle for rent unless the bicycle is licensed and a license plate is attached thereto as provided by this chapter, and such bicycle is equipped with the lamps and other equipment required in this chapter. (Prior code §20‑172) .

 

 

Chapter 10.44

 

PEDESTRIANS

 

Sections:

 

10.44.010  Designation and maintenance of crosswalks and safety zones.

10.44.020  Obedience to traffic‑control signals.

10.44.030  Pedestrian control signals.

10.44.040  Right‑of‑way in crosswalk.

10.44.050  Crossing roadway other than in crosswalk.

10.44.060  Prohibited crossings.

10.44.070  Pedestrians to use right half of crosswalk.

10.44.080  Method of walking along roadways.

10.44.090  Drivers to exercise due care towards pedestrians.

10.44.010  Designation and maintenance of crosswalks  and safety zones. The city traffic engineer is authorized:

 

A.  To designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where in his opinion there is particular danger to pedestrians crossing the roadway, and at such other places as he may deem necessary;

 

B. To establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians. (Prior code §20‑139).

 

10.44.020  Obedience to traffic‑control signals. Pedestrians shall be subject to traffic‑control signals as heretofore declared in this title but at all other places pedestrians shall be granted those rights and be subject to the restrictions stated in this chapter. (Prior code §20‑140).

 

10.44.030  Pedestrian control signals. The meanings of pedestrian signal indications shall apply as follows:

 

A.  Pedestrians facing a "Don't Walk" or "Wait" indication, steadily illuminated, shall not enter the roadway in the direction of the indication.

 

B.  Pedestrians facing a "Don't Walk" or "Wait" indication, while flashing shall not start to cross the roadway in the direction of the indication, but any pedestrian who has partly completed his crossing during a "Walk" indication shall proceed to a sidewalk or safety zone.         

 

C.  A pedestrian facing a "Walk" indication may proceed across the roadway in the direction of the indication and shall be given the right‑of‑way by drivers of all vehicles.

 

D.  Where pedestrian control signals are functioning at the same location as traffic‑control signals, pedestrians shall obey the pedestrian control signal indications. (Prior code §20‑141).

 

10.44.040  Right‑of‑way in crosswalk.

 

     A.  When traffic control signals by which traffic is alternately directed to stop and to proceed are not in place or not in operation and a pedestrian has entered the roadway within any marked crosswalk, or within any unmarked crosswalk at an intersection, the driver of a vehicle shall yield the right of way to a pedestrian crossing the roadway by stopping. Once the pedestrian has entered the roadway, the privilege of the right-of‑way belongs to the pedestrian.

 

B.  No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.

 

C.  Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such vehicle. (Prior code §20‑142).

 

10.44.050  Crossing roadway other than in crosswalk.

 

     A.  Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right‑of‑way to all vehicles upon the roadway.

 

B.  The foregoing rules in this section have no application under conditions stated in Section 10.44.060 when

pedestrians are prohibited from crossing at certain designated places. (Prior code §20‑143).

 

10.44.060  Prohibited crossings.

 

A.  Between adjacent intersections at which traffic‑control signals are in operation, pedestrians shall not cross at any place except in a crosswalk.

 

B.  No pedestrian shall cross a roadway other than in a crosswalk in the central business district. (Prior code §20‑144).

 

10.44.070  Pedestrians to use right half of crosswalk. Pedestrians shall move, whenever practicable, upon the right half of the crosswalk. (Prior code §20‑145).

 

10.44.080  Method of walking along roadways.

 

A. Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

 

B.  Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direc­tion

 

C.  No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle.

 

D.  No person shall walk upon or along the highway while under the influence of intoxicating liquor. (Prior code §20‑146).

 

10.44.090  Drivers to exercise due care towards pedes­trians. Notwithstanding the foregoing provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or  any confused or incapacitated person upon a roadway. (Prior code §20‑147).

 

 

Chapter 10.46

 

STREET AND DISTRICT DESIGNATION

 

Sections:

 

10.46.010  Designation of residential streets.

10.46.020  Central business district‑‑Established‑­Description.

10.46.030  Central business district‑‑Vehicle operation regulations.

10.46.040  One‑way streets designated.

10.46.050  Stop street designated.

10.46.060  Vehicles entering through or stop intersec­tions.

10.46.070  Play streets‑‑Establishment authority.

10.46.080  Play streets‑‑Driving on.

 

10.46.010  Designation of residential streets. The mayor, with the approval of the city council, is authorized to designate streets within the limits of the city as resi­dential streets, which designation shall be accomplished by erecting and maintaining signs limiting the gross vehicle weight of vehicles operated upon such streets. The signs required by this section shall be erected at each end of that portion of any street designated as residential. (Prior code §20‑18).

 

10.46.020  Central business district‑‑Established‑­Description. There is established a central business dis­trict, and the boundaries of the central business district shall be as follows:

 

Beginning at a point of intersection of the north bank of the Clark Fork River with the centerline of the Orange Street Bridge; thence northeasterly along the approach to the Orange Street Bridge to a point of intersection with the centerline of Orange Street; thence northeasterly along the centerline of Orange Street to a point of intersection with the southerly right‑of‑way line of the Burlington Northern Railroad; thence southeasterly along the southerly right‑of‑way to a point of intersection with the centerline of Washington Street; thence southwesterly along the center­line of Washington Street to a point of intersection with the centerline of E. Main Street; thence southeasterly along the centerline of E. Main Street to a point of intersection with the centerline of Washington Street between E. Front and E. Main Streets; thence southwesterly along said center­line of Washington Street to a point of intersection with the centerline of E. Front Street; thence southeasterly along the centerline of E. Front Street to a point of intersection with the northerly projected west property line of Kiwanis Park; thence S 10° 0' W along said projected west property line to the northwest corner of Kiwanis Park and Front Street; thence S 10° 0' W a distance of 110.0 feet to a point; thence N 80° 0' W a distance of 30.0 feet to a point; thence S 10° 0' W a distance of 80.0 feet to a point; thence N 80° 0' W a distance of 48.0 feet to a point; thence S 11° 06' W a distance of 60 feet to a point; thence N 79° 43' W a distance of 215.2 feet to a point; thence S 10° 27' W a distance of 227.1 feet to a point; thence S 84° 31' E a distance of 90.0 feet to a point; thence S 12° 0' W a dis­tance of 223.2 feet to a point; thence south to a point of intersection with the north bank of the Clark Fork River; thence northwesterly along the north bank of the Clark Fork River to the point of beginning at the intersection of the west right‑of‑way line of Pattee Street; thence north along the west right‑of‑way line of Pattee Street to the southeast corner of Block 10, Original Townsite and the north boundary line of the Island Park parking lot; thence in a northwesterly direction along the north boundary line of the Island Park parking lot to a point 25 feet south of the southeast corner of Lot 9, Block 56, McCormick Addition; thence south along the southerly projected east property line of Lot 9 to a point of intersection with the north bank of the Clark Fork River; thence southeasterly along the north bank of the Clark Fork River to the point of beginning. (Prior code §20‑20).

 

10.46.030  Central business district‑‑Vehicle operation regulations.

 

A.    Subject to change as provided in this chapter, within the central business district as defined in Section 10.46.020, all vehicles entering the north and south alleys shall enter from the north and emerge from the south; all vehicles entering east and west alleys located east of Higgins Avenue shall enter from the west and emerge from the east; all vehicles entering east and west alleys located west of Higgins Avenue shall enter from the east and emerge from the west.

 

B.    If all the owners of real property abutting an alley within the central business district shall file a petition at the office of the city engineer requesting that the direc­tion of vehicular traffic in the alley be changed, and if the city traffic engineer shall find that such a change of direction would improve traffic conditions and would be in the public interest, he may make a regulation ordering the change of direction of vehicular traffic. He shall present a copy of the regulation to the city council at its regular meeting next succeeding the effective date of such regula­tion, and such change shall remain in full force and effect until the regulation ordering such change is withdrawn by him or by a majority vote of the city council.

 

C.  All such alleys shall be entered by a right‑hand turn only. (Prior code §20‑21).

 

10.46.040 One-way streets designated. The following streets within the City are designated as one-way streets:

 

A.   Alley between South Fifth West

 

1.   The alley between South Fifth Street West and South Sixth Street West, from Cottonwood to South Orange Street is designated as a one-way alley, and that all vehicles entering the alley shall enter from the west, and emerge from the east.

 

2.   The alley between South Fifth West and South Sixth West from Myrtle to Hazel Streets is designated as a one-way alley, and all vehicles entering the alley shall enter from the west and emerge from the east.

 

B.   Arthur Avenue. Arthur Avenue is designated a one-way street for southbound traffic between South Fifth Street on the north and South Sixth Street on the south.

 

C.   East Front Street. East Front Street is designated a one-way street for eastbound traffic between Higgins Avenue and Madison Avenue.

 

D.   West Front Street. West Front Street is designated a one-way street for eastbound traffic between Orange Street and Ryman Street.

 

E.   Main Street. Main Street is designated a one-way street for westbound traffic between Madison Street and Orange Street.

 

F.   Maurice Avenue. Maurice Avenue is designated a one-way street for northbound traffic between South Sixth Street on the south and South Fifth Street on the north.

 

G.    North Second Street West. The 200 and 300 blocks of North Second Street West between Urlin Avenue and Ryman Avenue are designated as a one-way street for eastbound traffic.

 

H.    South Fifth Street. South Fifth Street is designated a one-way street for westbound traffic between Russell Street on the west and Maurice Avenue on the east.

 

I.      South Sixth Street. South Sixth Street is designated a one-way street for eastbound traffic between Russell Street on the west and Van Buren Street on the east.

 

J.     Alley between West Broadway and West Pine Street. The alley between West Broadway and West Pine Street, from North Orange Street to Woody Street is designated as a one-way alley, and all vehicles entering the alley shall enter from the west and emerge from the east.

 

K.    Van Buren Street. Van Buren Street is designated a one-way street for northbound traffic between South Fifth West and South Sixth West.

 

L.     Parson’s Drive. Parson’s Drive is designated a one-way street for southbound traffic from Front Street on the north to Hartman Street on the south.

 

M.   Ronan Street. Ronan Street is designated a one-way street for southbound traffic between South Russell Street on the North and South Twelfth Street on the South. (Ord. 3078, 1998; Ord. 3077, 1998; Ord. 2348 §1,1984; Ord. 2113, 1980; Ord. 2000, 1979; prior code §20‑176).

 

10.46.050  Stop street designated. South Fifth Street in the city is designated as a stop street and all vehicles, before entering such street from the west boundary line of Arthur Avenue to the east boundary line of South Higgins Avenue and from the west boundary line of South Higgins Avenue to the east boundary line of Orange Street and from the west boundary line of Orange Street west to the city limits, shall come to a complete stop and shall yield the right‑of‑way to all vehicles traveling east or west on South Fifth Street prior to entering upon or crossing over South Fifth Street. (Prior code §20‑175).

 

10.46.060  Vehicles entering through or stop intersections.

 

A.   The driver of a vehicle shall stop at the entrance to a through street and shall yield the right‑of‑way to other vehicles which have entered the intersection from the through street, or which are approaching so closely on the through street as to constitute an immediate hazard, but drivers having so yielded may proceed and the drivers of all other vehicles approaching the intersection on the through street shall yield the right‑of‑way to the vehicle so proceeding into or across the through street.

 

B.   Every driver of a vehicle shall bring his vehicle to a full stop before entering any stop street or highway or intersection properly designated and posted as such by the city manager, or before entering upon any grade crossing of any railroad, which grade crossing has been designated as a stop crossing. (Prior code §20‑174).

 

10.46.070  Play streets‑‑Establishment authority.  The city traffic engineer shall have authority to declare any street or part thereof a play street and to place appropriate signs or devices in the roadway indicating and helping to protect the same. (Prior code §20‑9).

 

10.46.080  Play streets‑‑Driving on. Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon any such street or portion thereof except drivers of vehicles having business or whose residences are within the closed area, and then any driver shall exercise the greatest care in driving upon any such street or portion thereof. (Prior code §20‑10).

 

Chapter 10.48

 

EQUIPMENT AND WEIGHT REGULATIONS

 

Sections:

 

10.48.010  Vehicle endgates in place.

10.48.020  Windshield wiper requirements.

10.48.030  Excess fumes or smoke.

10.48.040  Vehicle size and weight regulations‑‑Generally.

10.48.050  Vehicle size and weight regulations—On residential streets.

10.48.060  Vehicle size and weight regulations‑‑On 23rd Avenue‑‑Penalty.

 

10.48.010  Vehicle endgates in place. No person shall drive a vehicle upon the streets or alleys of the city with the endgate or rear doors of the vehicle open, extended or not in place, unless a red flag shall be securely fastened in a conspicuous position at the extreme end of such endgate or door, and in no event shall such endgate or door be permitted to swing free. (Prior code §20‑12).

 

10.48.020  Windshield wiper requirements.

    

A.   The windshield on every motor vehicle shall be equipped with a device for clearing rain, snow or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.

 

B.  Every windshield wiper upon a motor vehicle shall be maintained in good working order. (Prior code §20‑14).

 

10.48.030  Access fumes or smoke.

    

A.   The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke. 

    

B.   Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant opera­tion to prevent excessive or unusual noise and annoying smoke, and no person shall use a muffler, cutout, bypass, or similar device upon a motor vehicle on a city street or highway.

 

C.   No person shall intentionally remove, alter or otherwise render inoperative, exhaust emission control, crankcase ventilation or any other air pollution control device which has been installed as a requirement of federal law or regulation.

 

D.   No person shall operate a motor vehicle originally equipped with air pollution control devices as required by federal law or regulation unless such devices are in place and in operating condition.

 

E.   No motor vehicle shall emit or cause to be emitted into the atmosphere for a period greater that five consecu­tive seconds from any four‑cycle gasoline‑powered vehicle whatsoever any visible air contaminant except condensed wa­ter vapor.

 

F.   It shall be unlawful for anyone to place leaded fuel in the gasoline tank of a motor vehicle designed and manufactured to use unleaded gasoline to operate its motor vehicle engine. (Ord. 2444 §1, 1985; prior code §20‑15).

 

10.48.040  Vehicle size and weight regulations‑‑Gener­ally. No person shall drive or move, nor shall the owner cause or knowingly permit to be driven or moved, on any street or highway within the city any vehicle or vehicles of a size or weight exceeding the limitations provided in MCA Sections 61‑10‑101‑‑61‑10‑110, 61‑10‑121‑‑61‑10‑128 and 61‑10‑141‑‑61‑10‑148. (Prior code §20‑16).

 

10.48.050  Vehicle size and weight regulations‑‑On residential streets. No person shall drive or move, or the owner cause or knowingly permit to be driven or moved, on any street within the limits of the city which has not been designated as a truck route any vehicle or vehicles exceeding a gross vehicle weight of eight thousand pounds; provided, however, that trucks or other commercial vehicles carrying passengers, goods, merchandise and other articles to and from premises abutting a designated residential street may use such street for the purpose of local pickups and de­liveries. (Prior code §20‑17).

 

10.48.060  Vehicle size and weight regulations‑‑On 23rd Avenue‑‑Penalty.

 

A.   No vehicle whose body weight or combined body and load weight exceeds eight thousand pounds shall be operated on 23rd Avenue in the city from the inter­section of 23rd and Crescent and 23rd Avenue and Summit.

     

B.   Any person violating the provisions of this section shall be fined not less than three hundred dollars or im­prisoned for a period of six months or both such fine and imprisonment. (Prior code §20‑17.1).

 

Chapter 10.50

 

STREET CLEANING REGULATIONS

Sections:

 

10.50.010  Street cleaning districts‑‑Generally.

10.50.020  Street cleaning districts‑‑Designated.

10.50.030  Street cleaning districts‑‑Exceptions.

10.50.040  Absolute liability for penalty on registered owner.

10.50.050   Violation‑‑Penalty.

 

10.50.010  Street cleaning districts‑‑Generally. The city shall be divided into four street cleaning districts. During the designated cleaning period within each designated district, all parking shall be on the odd side of the street (by house number) on odd days of the calendar month and on the even side of the street (by house number) on even days of the calendar month, unless otherwise posted with signs. The regulations shall be in effect from 8:00 a.m. until 4:30 p.m. Monday through Friday of each calendar week. (Ord. 3467, 2011; Ord. 2029 (part), 1979; Ord. 1970 (part), 1978).

 

10.50.020 Street cleaning districts‑‑Designated. The street cleaning districts and the applicable cleaning period for each district shall be as follows:

A.            District One shall include the area within the city limits which is north of the Clark Fork River. Parking regulations set forth in this chapter shall be applicable to District One from the first day through the seventh day of each calendar month.

B.            District Two shall include the following described area within the city limits: An area bounded on the north by the Clark Fork River; and bounded on the west by the west right‑of‑way of South Higgins Avenue, south from the Higgins Avenue Bridge to the intersection of Brooks and Higgins; then southwesterly down the west right‑of‑way of Brooks Street to the intersection of Brooks Street and South Avenue; then east down the north right‑of‑way of South Avenue to the city limits on the east; then north along the city limits line to the Clark Fork River. Parking regulations set forth in this chapter shall be applicable in District Two from the eighth day of each calendar month through the fourteenth day of each calendar month.

C.            District Three shall include the following described area within the city limits: An area bounded on the North by the Clark Fork River; and bounded on the east by the west right‑of‑way of Higgins Avenue, south from the Higgins Ave­nue bridge to the intersection of Brooks and Higgins, then southwesterly down the west right‑of‑way of Brooks Street to the intersection of Brooks Street and South Avenue; then westerly down the north right‑of‑way of South Avenue to the city limits; then north following the city limits line to the Clark Fork River. The parking regulations set forth in this chapter shall be applicable in District Three from the fifteenth day of each calendar month through the twenty­ first day of each calendar month.

D.            District Four shall include the area within the city limits that is south of the north right‑of‑way of South Avenue. The parking regulations set forth in this chapter shall be applicable in District Four from the twenty‑second day of each calendar month through the twenty‑eighth day of each calendar month.

(Ord. 3467, 2011; Ord. 2029 (part), 1979; Ord. 1970 (part) , 1978) .

 

10.50.030  Street cleaning districts‑‑Exceptions. Because of heavy parking demand within certain street cleaning districts, the above parking regulations will not apply for the entire seven day period. In such areas, individual streets will be signed to prohibit parking for designated periods of time. (Ord. 3467, 2011; Ord. 2029 (part), 1979; Ord. 1970 (part), 1978) .

 

10.50.040 Absolute liability for penalty on registered owner. In any prosecution charging a violation of this chapter, the person in whose name the vehicle is registered shall be absolutely liable for such violation and shall be subject to the penalty therefore. (Ord. 3467, 2011; Ord. 2315 §7, 1983; Ord. 2029(part), 1979; Ord. 1970(part), 1978).

 

10.50.050  Violation—Penalty.

A.            Any person who shall violate any provision of this chapter shall be guilty of a misdemeanor and  may be subject to towing at owner's expense. The vehicle may be towed when authorized by the superintendent of the street division or their designee.

B.            Any vehicle towed shall be taken to the nearest garage or other place of safety or to a garage designated or maintained by the city and the cost of the removal and storage shall be paid by the owner or operator of the vehicle so moved.

(Ord. 3467, 2011; Ord. 2085 §1, 1979; Ord. 2029(part), 1978; Ord. 1970 (part), 1978).

 

Chapter 10.52

 

RAILROADS

 

Sections:

 

10.52.010  Railroad‑‑Speed limits.

10.52.020  Railroad‑‑Crossing signals.

10.52.030  Railroad‑‑Flagmen at crossings.

 

10.52.010  Railroad‑‑Speed limits. It is unlawful for any person or any railroad company or corporation, or any person in their employ to propel or cause to be moved or propelled, any railroad car, cars, engine or train by means of steam or other power, at a crossing with any street or highway within the city at a rate of speed exceeding thirty miles per hour, or elsewhere within the city at a rate of speed exceeding forty‑five miles per hour. (Prior code §21‑21) .

 

10.52.020  Railroad‑‑Crossing signals. It is the duty of the engineer or other person in charge of any locomotive

engine, on approaching a crossing with any street or highway, to ring a bell to warn all persons of the approach of such locomotive engine, and he shall continue to ring the bell until such locomotive engine and train of cars attached thereto, shall have cleared the crossing. (Prior code §21‑22) .

 

10.52.030  Railroad‑‑Flagmen at crossings. Any railroad company operating lines within the city shall be required to keep flagmen at such crossings as may be designated by the city council from time to time, whose duty it shall be to warn people of the approach of engines or trains by the waving of a red flag so as to fully protect the public as to their persons and property. (Prior code §21‑23).

 

Chapter 10.54

 

VIOLATIONS‑‑PENALTIES

 

Sections:

 

10.54.010  Definitions.

10.54.020  Release from arrest on notice to appear‑Exceptions.

10.54.030  Failure to obey traffic citations‑‑Misdemeanor.

10.54.040  Forms and notices of arrest for appearance.

10.54.050  Parking violation notice‑‑Issuance.

10.54.060  Parking violation notice‑‑Summons issuance.

10.54.070  Parking violation notice‑‑Prima facie presumption‑‑Exception.

10.54.080  Parking violation notice‑‑When complaint to be issued.

10.54.090  Traffic fines and forfeitures deposited in general fund.

10.54.110  Penalties‑‑Generally.

10.54.120  Penalties‑‑Pedestrian violations.

10.54.130  Repealed.

10.54.140  Penalties‑‑Parking violations.

10.54.150  Penalties—Transitional Provision

 

 

10.54.010  Definitions. For the purpose of this chapter, the following words shall have the meanings respectively ascribed to them by this section:

A.            “Abandoned" means to relinquish all claim to and dominion over the property mentioned.

B.            “Impounded" means to take into custody.

(Ord. 3467, 2011; Prior code §20‑177).    

 

10.54.020  Release from arrest on notice to appear‑­Exceptions.

 

A.            Whenever any person is arrested for any violation of this chapter, except those mentioned in paragraph B of this section, they may be released, in the discretion of the arresting officer, on giving their promise to appear as specified in a written notice to be prepared by the officer. The notice shall contain the name, address and operator's license number of the person arrested and the registration number of the motor vehicle involved, shall state the offense charged, and shall require the person to answer to the charge during hours and at a place specified in the notice.

B.            The provisions of paragraph A of this section shall not apply to any person arrested and charged with an offense causing or contributing to an accident resulting in injury or death to any person, or to any person charged with reck­lessly driving, or to any person charged with driving while under the influence of intoxicating liquor or narcotic drugs, or to any person whom the arresting officer shall have good cause to believe has committed any felony, and if the arresting officer has reason to believe the person arrested will not answer the citation, the arresting officer shall take the person to the police station to be booked.

(Ord. 3467, 2011; Prior code §20‑179).

 

10.54.030  Failure to obey traffic citations‑‑Misde­meanor. Any person who fails to appear in court or at the traffic violations bureau in compliance with the directions contained in any traffic citation given to them by a police officer for any traffic violation is guilty of a misdemeanor regardless of the disposition of the charge for which such person was given the traffic citation. (Ord. 3467, 2011; Prior code §20­180) .

 

10.54.040  Forms and notices of arrest for appearance.

A.            The police department shall provide suitable numbered forms for notifying a violator to appear and answer to charges of violating traffic laws and ordinances.

B.            The chief of police or their representative shall have access to the necessary records of the police department and the city court.

(Ord. 3467, 2011; Prior code §20=181).

 

10.54.050  Parking violation notice‑‑Issuance. Whenever any motor vehicle without a driver is found parked or stopped in violation of any of the restrictions imposed by ordinance of this city or by state law, the authorized personnel finding the vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to the vehicle a notice of parking violation in writing on a form provided by the chief of police or parking commission, for the driver to answer to the charge against them during the hours and at a place specified in the notice. The officer shall send a copy to the court or to the parking commission office, depending upon the nature of the offense and which department is is­suing the violation.  (Ord. 3467, 2011; Ord. 2697 §1, 1989; Ord. 2075 §11, 1979; prior code §20‑182).

 

10.54.060  Parking violation notice‑‑Summons issuance. If a violator of the restrictions on stopping, standing or parking under the traffic laws or ordinances does not appear in response to a notice of parking violation affixed to the motor vehicle within a period of fourteen days, and the vio­lation has not already been filed in court, the parking com­mission shall send to the owner of the motor vehicle to whom the notice was affixed a letter or summons informing them of the violation and warning them that, in the event the letter is disregarded for a period of five calendar days, a com­plaint will be filed in court and a warrant of arrest issued. (Ord. 3467, 2011; Ord. 2697 §2, 1989: Ord. 2075 §12, 1979; prior code §20‑183).

 

10.54.070  Parking violation notice‑‑Prima facie pre­sumption‑‑Exception.

 

A.            In any prosecution charging a violation of any law or regulation governing the standing or parking of a vehicle, the person in whose name the vehicle is registered shall be absolutely liable for such violation and shall be subject to the penalty therefore.

B.            Whenever evidence shows that the vehicle has been reported as stolen at the time in question or was not parked illegally, or that they were not the registered owner of the vehicle at the time of the alleged violation, that person is absolved of responsibility for the particular offense.

(Ord. 3467, 2011; Ord. 2315 §3, 1983: Ord. 2075 §13, 1979; prior code §20‑184).

 

10.54.080  Parking violation notice‑‑When complaint to be issued. In the event any person fails to comply with a notice given to such person or attached to a vehicle or fails to make appearance pursuant to a summons directing an appearance in the traffic court, or if any person fails or refuses to deposit bail as required and within the time per­mitted by ordinance, the traffic violations bureau shall forthwith have a complaint entered against such person and secure and issue a warrant for their arrest.  (Ord. 3467, 2011; Prior code §20-­185) .

 

10.54.090  Traffic fines and forfeitures deposited in general fund. All fines and forfeitures of bail of any per­son charged with a violation of any of the provisions of this title shall be paid into the city treasury and deposit­ed in the general fund, to be expended to defray the expense of proper regulation of traffic upon the streets of the city. (Ord. 3467, 2011; Prior code §20‑186).

 

10.54.110  Penalties‑‑Generally. Every driver of a motor vehicle who is convicted of any violation set out be­low shall be punished as set out in this chapter, subject to the maximum provisions of Section 10.04.050:

A.            For speeding, minimum fine shall be six dollars for each mile in excess of speed limit up to twenty miles. For each mile thereafter, the minimum fine shall be ten dollars per mile. Maximum fine shall be fif­teen dollars per mile for each mile in excess of the speed limit.

B.            For driving in a reckless manner, the minimum fine shall be one hundred seventy-five dollars for the first offense; for each subsequent offense, the minimum fine shall be two hundred dollars.

C.            For driving in a careless manner, the minimum fine shall be one hundred dollars; for subsequent offense, the minimum fine shall be one hundred twenty-five dollars.

D.            For failure to yield right‑of‑way, the minimum fine shall be seventy dollars; for each subsequent offense, the minimum fine shall be one hundred dollars.

E.            For failure to stop at a stop sign, the minimum fine shall be fifty dollars. For failure to stop at a stop sign within a school zone, the minimum fine shall be one hundred dollars.

F.            For leaving the scene of an accident, the minimum fine shall be one hundred dollars.

G.            For failure to give proper signal, the minimum fine shall be seventy dollars.

H.            For making an improper turn, the minimum fine shall be seventy dollars; for an improper turn which results in an accident, the minimum fine shall be one hundred dollars.

I.              For improper passing, the minimum fine shall be seventy dollars; for improper passing which results in an accident, the minimum fine shall be one hundred dollars.

J.             For failure to stop for a traffic signal, the mini­mum fine shall be fifty dollars.

K.            For vehicle having an improper license plate or no license plates, the minimum fine shall be twenty-five dollars

L.             For a vehicle obstructing traffic, the minimum fine shall be thirty dollars.

M.           For following a fire truck or any other emergency vehicle, the minimum fine shall be thirty‑five dollars.

N.            For driving across a fire hose, the minimum fine shall be thirty‑five dollars.

O.            For improper or illegal equipment on a vehicle, the minimum fine shall be thirty dollars.

(Ord. 3467, 2011; Ord. 3255 §1, 2004; prior code §20-­178).

 

10.54.120 Penalties‑‑Pedestrian violations. For any pedestrian convicted of any violation of this chapter, the minimum fine shall be five dollars and the maximum fine shall be ten dollars. (Ord. 3467, 2011; Ord. 2315 §4, 1983; prior code §20-188) .

 

10.54.130 Repealed.  (Ord. 3467, 2011; Ord. 3096, 1999; Ord. 2315 §5, 1983; Ord. 2302 §1, 1983: Ord. 2075 §14(A), 1979; prior code §20‑189).

 

10.54.140 Penalties‑‑Parking violations. 

 

A.  For any person pleading guilty to or convicted of Meter Violations, Improper Parking Violations or Disabled Parking Violations, the fines shall be as follows:

1.     The fine for Meter Violations and Overtime Violations shall be determined by the number of Meter Violations or Overtime Violations against a license plate number within the previous 180 days. Fines shall escalate as follows:

a.    Notwithstanding Section 10.54.140 (A) (1) (b), fines shall not escalate against a single license plate within a single day.

b.     

 

Number of violations in previous 180 days

 

0

1

2

3

4 or more

Meter Violation

$0

$5

$10

$15

$20

Overtime Violation

$0

$5

$10

$15

$20

2.     Improper Parking Violations:

a.     Each offense, twenty dollars ($20.00)

3.     Disabled Parking Violations on public or private property:

    1. Each offense, one hundred dollars ($100.00)

B.  Whenever the Parking Commission has mailed a summons or notice to the registered owner of any vehicle with an unpaid parking tickets and the registered owner fails to pay the parking fine within the time specified within the summons or the notice, a formal complaint may be filed in municipal court.

 

(Ord. 3467, 2011; Ord. 3096, 1999; Ord. 2697 §3,1989; Ord. 2574 §1, 1987; Ord. 2315 §6, 1983; Ord. 2075 §14 (B) ‑‑ (E) , 1975; prior code §20‑190) .

 

10.54.150 Penalties‑‑Transitional Provision. The Parking Commission may implement the fine structure outlined in Section 10.54.140 on a date at its discretion no later than January 1, 2012. Prior to the implementation date of Section 10.54.140, any person pleading guilty to or convicted of a Meter Violation shall be fined two dollars ($2.00) or an Overtime violation shall be fined five dollars ($5.00). (Ord. 3467, 2011)

 

Chapter 10.56

 

REFUSAL TO SUBMIT TO BREATH OR BLOOD ALCOHOL AND/OR DRUG TEST

 

10.56.010  Purpose and Intent

10.56.020  Unlawful to refuse to submit to a breath or blood alcohol and/or drug test

10.56.030  Penalties

 

10.56.010  Purpose and Intent. Any person operating or in actual physical control of a motor vehicle while under the influence of alcohol and/or drugs creates a significant risk to public safety, health and general welfare. To help secure public safety, health and general welfare for all persons, the City of Missoula adopts this chapter in an effort to deter persons from engaging in this dangerous activity. This chapter is adopted pursuant to Mont. Code Ann. § 61-12-101 which grants authority and powers to local authorities to regulate the operation of motor vehicles by a person while under the influence of alcohol and/or drugs. This chapter is also adopted pursuant to other provisions of Montana State law allowing municipal governments to regulate traffic upon streets such as Mont. Code Ann. §§ 7-14-4102 and 7-14-4103 as well as pursuant to the exercise of the City of Missoula’s self-government powers granted by the City of Missoula Charter. (Ord. 3430 §1, 2010)

 

10.56.020  Unlawful to refuse to submit to a breath or blood alcohol and/or drug test. It is unlawful and constitutes a misdemeanor offense for any person operating or in actual physical control of a motor vehicle suspected of doing so under the influence of alcohol and/or drugs to refuse to submit to one or more breath or blood alcohol and/or drug tests to detect alcohol and/or drugs requested and designated by any peace officer as defined by Montana State law. Prior to charging a person with a violation of this section a peace officer must inform the person requested to take the designated test that refusing the breath or blood alcohol and/or drug test is a misdemeanor offense under Missoula Municipal Code and identify the penalties associated with the offense. If any arrested person refuses to submit to one or more breath or blood alcohol and/or drug test requested and designated by a peace officer as provided for pursuant to Montana state law, the refused test may not be given. However, the person refusing to submit to any such requested breath or blood alcohol and/or drug test may be charged with a misdemeanor offense pursuant to this section. (Ord. 3430 §2, 2010)

 

10.56.030  Penalties. The penalties for a violation of this chapter are established pursuant to this section. Incarceration  is not a penalty for a violation of this chapter. A person convicted under this chapter shall be subject to a fine of $500.00, no portion of which may be suspended, waived or deferred by the court. (Ord. 3430 §3, 2010)