Chapters:
10.04 Administration‑‑Generally
10.08 Powers and
Duties of Police Department
10.10 Traffic
Violations Bureau
10.14 Miscellaneous
Regulations
10.22 Stopping,
Standing and Parking
10.26 Emergency
Parking Restrictions
10.28 Governmental
Parking Lots
10.46 Street and
District Designation
10.48 Equipment and
Weight Regulations
10.50 Street
Cleaning Regulations
10.56 Refusal to
Submit Breath or Blood Alcohol and/or Drug Test
DEFINITIONS
Sections:
10.02.020
Authorized emergency vehicle.
10.02.060
Controlled‑access highway.
10.02.094
Electrically Assisted Bicycle
10.02.095
Electrically Assisted Scooter
10.02.110
Freight curb loading zone.
10.02.170
Official time standard.
10.02.180
Official traffic‑control device.
10.02.200
Passenger curb loading zone.
10.02.230
Private road or driveway.
10.02.370
Traffic‑control signal.
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)).
10.02.094
Electrically Assisted Bicycle. “Electrically
Assisted Bicycle” means a bicycle
equipped with fully operable pedals and an electric motor of less than 750
watts that meets the requirements of one of the following three classes:
A. “Class
1 electric bicycle” shall mean an electric bicycle equipped with a motor that
provides assistance only when the rider is pedaling, and that ceases to provide
assistance when the bicycle reaches the speed of 20 miles per hour.
B. “Class
2 electric bicycle” shall mean an electric bicycle equipped with a motor that
may be used exclusively to propel the bicycle, and that is not capable of
providing assistance when the bicycle reaches the speed of 20 miles per hour.
C. “Class
3 electric bicycle” shall mean an electric bicycle equipped with a motor that
provides assistance only when the rider is pedaling, and that ceases to provide
assistance when the bicycle reaches the speed of 28 miles per hour. (Ord. 3638,
2019)
10.02.095
Electrically Assisted Scooter.
“Electrically Assisted Scooter” means a two wheeled device that
has handlebars, has a floorboard that is designed to be stood upon when riding,
and is powered by an electric motor that has a power output of not more than
300 watts that: (i) is incapable of propelling the device at a speed of more
than fifteen (15) miles per hour; and (ii) disengages or ceases to function when
the device’s brakes are applied. (Ord. 3638, 2019)
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)).
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.
10.04.010 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).
TRAFFIC DIVISION
Sections:
10.06.030
Records of traffic violations.
10.06.040
Accident‑‑Investigation duty.
10.06.070
Records maintained on drivers.
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).
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).
TRAFFIC VIOLATIONS BUREAU
Sections:
10.10.030
Recordkeeping‑‑Availability to public.
10.10.050
Designation of offenses.
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).
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).
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.
10.16.010
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. Where 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).
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)
SPEED LIMITS
Sections:
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) .
OPERATION OF VEHICLES
Sections:
10.20.240
Starting parked vehicle.
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.
10.20.170 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, Chapter
1, Part 1, the State of Montana’s motor vehicle laws.
B.
Hands-free mode – means that use of a wireless
communication device with a speaker phone, headset, or earpiece.
C.
As used in this chapter, “hands-free wireless
telephone” means a mobile telephone that has an internal feature or function,
or that is equipped with an attachment or addition, whether or not permanently
part of such mobile telephone, by which a user engages in a conversation
without the use of either hand; provided, however, this definition shall not
preclude the use of either hand to activate, deactivate, or initiate a function
of the telephone.
D.
“Use” of a
wireless telephone or electronic communication device shall include, but not be
limited to, talking or listening to another person on the telephone, text
messaging, or sending an electronic message
via the wireless telephone or electronic communication device.
(Ord. 3572, 2016; Ord. 3486, 2012)
10.20.310
Prohibition of mobile telephone and other electronic communication device use
while operating a vehicle 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.
The use of a wireless telephone or electronic
communication device by an operator of a moving motor vehicle on a public road
or highway shall be unlawful except when the telephone is a hands-free wireless
telephone or the electronic communication device is used hands-free, provided
that its placement does not interfere with the operation of federally required
safety equipment and the operator exercises a high degree of caution in the
operation of the motor vehicle. For the
purposes of this section, an “electronic communication device” shall not
include an amateur radio.
C.
The operator of a motor vehicle may use a hand-held
wireless telephone while driving with one hand on the steering wheel only if:
a.
The operator has reason to fear for his life or
safety, or believes that a criminal act may be perpetrated against himself or
another person; or
b.
The operator is using the telephone to report to
appropriate authorities a fire, a traffic accident, a serious road hazard or
medical or hazardous materials emergency, or to report the operator of another
motor vehicle who is driving in a reckless, careless or otherwise unsafe manner
or who appears to be driving under the influence of alcohol or drugs. A hand-held wireless telephone user’s
telephone records or the testimony or written statements from appropriate
authorities receiving such calls shall be deemed sufficient evidence of the
existence of all lawful calls made under this paragraph.
D.
Subsections (A) and (B) do not apply to a person operating a vehicle:
1.
While using a wireless communications device in
hands-free mode;
2.
While using a hand-held wireless communications
device to make a report to 911:
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.
3.
That is not moving and on the side of the roadway
out of the flow of traffic;
4.
While pressing a single button to initiate or
terminate a voice communication using a mobile telephone;
5.
Where the driver is using a two way radio in the
performance and scope of work-related duties.
E.
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. 3572, 2016; Ord. 3486, 2012;
Ord. 3400, 2009)
10.20.320
Penalty. Incarceration
shall not be a penalty for a violation of this mobile phone or electronic
communication ordinance. 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.
(Ord. 3572, 2016; Ord. 3486, 2012;
Ord. 3400, 2009)
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.
10.22.120
Parking for purposes of sale, repair or storage.
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.
10.22.260 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 uncontrolled intersection approach or midblock
crossing, and within thirty feet of a crosswalk at a controlled intersection
approach;
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.
Within a bicycle lane or bicycle path designated for the exclusive use
of bicyclists through striping, pavement markings, and/or signage per the
Federal Highway Administration Manual for Uniform Traffic Control Devices and
Montana Department of Transportation Traffic Engineering Manual, except for a
period of time no longer than is necessary for the reasonable expeditious
loading or unloading of a service vehicle;
15.
In a dedicated transit stop.
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.
(Ord. 3601, 2017; 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).
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).
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 occupy a recreational vehicle
parked on a public street, road, alley, boulevard, or median in the City. For the purpose of this Section, a
recreational vehicle is a vehicular type unit primarily designed as temporary living
quarters for recreational, camping, or travel use that either has its own mode
of power or is mounted on or towed by another vehicle, including but not
limited to a: (a) travel trailer; (b) camping trailer; (c) truck camper; or (d)
motor home. For the purposes of this
Section, “occupy” means spending more than a de minimis amount of time in the
recreational vehicle. The provisions of
this section do not apply to the following:
1. A property owner or tenant may allow a
guest's recreational vehicle to be parked on the public right of way adjacent
to their residence for sleeping purposes for a maximum of five (5) consecutive
days without violating this provision, provided that the recreational vehicle
is not occupied for more than five (5) days in any consecutive thirty (30) day
period while on the block adjacent to the property owner or tenant’s residence.
2. Pursuant to 12.58.030 MMC, upon approval
by the Police Department, the requirements and restrictions imposed by
10.22.190A may be suspended in order to accommodate special events held within
the city within the timeframes designated in the special event permit; or
3. As allowed by the provisions of
12.40.010B MMC.
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 is an
alternative to the penalty applied by Montana State law. Montana State law's penalty may be applied if
the person is cited pursuant to Montana State law.
(Ord 3603, 2018; 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.
A.
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. 3565. 2016; 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. 3523, 2014; 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. 3523, 2014; 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).
MULTI-SPACE PARKING METER KIOSKS
Sections:
10.24.020 Marking of spaces‑‑Manner of parking.
10.24.040 Citation for violation‑‑Form.
10.24.050 Depositing slugs‑‑Tampering with multi-space parking meter kiosk.
10.24.060 Disposition of multi-space meter revenue.
10.24.010
Definitions. Whenever
the following terms are used within any ordinance, resolution or regulation
pertaining to parking enforcement within the Parking Commission’s jurisdiction,
they shall have the meanings respectively ascribed to them in this section:
A.
“Multi-space
parking meter kiosk” means an electronic device placed next to on-street
parking spaces or off-street parking lots and used to purchase time for
parking.
B.
"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.
C.
"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
multi-space parking meter kiosks.
D.
"Parking
time" means that amount of time indicated on each multi-space parking
meter kiosk beyond which a vehicle cannot be legally parked.
E.
"Roadway"
means portions of a street between regularly established curb lines.
F.
"Sidewalk"
means portions of a street between the curb lines and the adjacent property
lines intended for use by pedestrians.
G.
"Street"
means every way set apart for public travel except alleyways, bridle paths and
foot paths.
H.
"Vehicle"
means a conveyance propelled by motor power. (Ord. 3565, 2016; Ord. 3467, 2011;
Ord. 2694 §4, 1989; prior code §20‑136).
10.24.020 Marking of
spaces‑‑Manner of parking – The Public Works Department in
coordination with the city traffic engineer shall place lines or marks on the
curb or on the street to designate the parking space for which the multi-space
parking meter kiosk is to be used, and each vehicle parked 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. (Ord. 3565, 2016; Ord. 3467, 2011; Ord. 2694 §4, 1989; prior code §20‑136).
10.24.030 Unlawful
parking. Between the hours of 9:00
a.m. and 5:00 p.m., on all days except Saturdays, Sundays and legal holidays, it
shall be unlawful for a vehicle to be parked in any space within a row of
spaces served by a multi-space parking meter kiosk, unless time for parking has
been purchased at a multi-space parking meter kiosk or permission to park the
vehicle has otherwise been given by the Missoula Parking Commission..
A.
If the vehicle remains parked in the parking space
beyond the legal parking period which is designated by the multi-space parking
meter kiosk at the time of purchase of parking time, the vehicle shall be
considered as parked overtime and the parking of a vehicle overtime or the
failure to purchase time for parking, shall be a violation of this chapter and
punishable as set forth in Chapter 10.54.
B.
Each time period a vehicle remains parked beyond
the purchased parking time shall constitute a separate offense. (Ord. 3565, 2016; Ord. 3467, 2011; Ord.
2694 §4, 1989; prior code §20‑136).
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 time at which the parked vehicle came in
violation and the time the ticket was written;
B.
The state and license number of the vehicle; and
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. 3565, 2016; Ord. 3467, 2011; Ord. 2694 §2, 1989; Ord. 2075 §9, 1979:
prior code §20‑133).
10.24.050 Depositing slugs‑‑Tampering with
multi-space parking meter
kiosk.
A. No person shall deposit or cause to be
deposited in any multi-space parking meter kiosk any slug, device or other
substitute for the five cent, ten cent,
twenty-five cent, or one dollar coin and legal tender of the United
States unless the Parking Commission has approved a token to be used in the
multi-space parking meter kiosk.
B. No person
shall open, deface, injure, tamper with or willfully break, destroy or impair
the usefulness of any multi-space parking meter kiosk; or tie, hitch, chain or
otherwise affix any animals thereto or chain or otherwise affix any bicycle
thereto. (Ord. 3565, 2016;
Ord. 3467, 2011; Ord. 2694 §4, 1989; prior code §20‑136).
10.24.060 Disposition of multi-space parking meter
revenue.
A. The coins or electronic payments either
through debit or credit card or pay-by-phone application or other means
required to be deposited in multi-space parking meter kiosks 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
multi-space parking meter kiosks described in this chapter, and also the
cost of supervision and regulating the parking of vehicles in the multi-space
parking meter zones created by the ordinance 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 and
electronic payments from all multi-space parking meter kiosks 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 electronic payments and deposit
it as revenue for the Missoula Parking Commission. (Ord. 3565, 2016; Ord. 3467, 2011; Ord.
2694 §4, 1989; prior code §20‑136).
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.
10.26.010
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).
GOVERNMENTAL PARKING LOTS
Sections:
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)
.
LOADING AND UNLOADING
Sections:
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.
10.30.080
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).
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).
TRUCK ROUTES
Sections:
10.32.020
Application of chapter.
10.32.050
Maps indicating routes.
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).
VEHICLE REMOVAL
Sections:
10.33.010 Vehicle immobilization.
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.
10.33.070 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).
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).
RECREATIONAL VEHICLES
Sections:
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).
SNOWMOBILES
Sections:
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).
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 (Repealed)
10.42.060
Lamps, Reflectors, and Bicycle Leg Lights
10.42.080
Riding on Roadways and bicycle paths.
10.42.090
Riding on sidewalks.
10.42.110
Emerging from alley or driveway.
10.42.130
Clinging to vehicles.
10.42.140
Parking/storage/abandonment of bicycles.
10.42.160 Electrically Assisted Bicycles and
Electrically Assisted Scooters
10.42.010
Applicability‑‑Unlawful Acts
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. (Ord. 3536, 2015; prior code §20-155).
10.42.030 Obedience to Traffic Control
Devices, Method of Giving Turn Signals
10.42.040
Registration - Repealed (Ord.
3536. 2015; 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
stop the bicycle within no more than 25 feet from a speed of 10 miles per hour
on dry, level, clean pavement. (Prior code §20‑166).
10.42.060 Lamps, Reflectors, and Bicycle Leg
Lights
10.42.080 Riding on Roadways and Bicycle Paths
i. Overtaking or passing another vehicle
proceeding in the same direction;
ii. Preparing for a left turn at an intersection
or into a private road or driveway;
iii. Reasonably necessary to avoid conditions,
including, but not limited to, fixed or moving objects, parked or moving
vehicles, bicycles, pedestrians, animals, surface hazards or lanes that are too
narrow for a bicycle and a motor vehicle to travel safely side by side within
such lanes;
iv. Approaching an intersection where right turns
are permitted and there is a dedicated right turn lane, in which case a
bicyclist may ride on the left-hand side of such a dedicated lane, even if the
bicyclist does not intend to turn right;
v. Riding on a roadway designated for one-way
traffic, when the bicyclist may ride as near to the left-hand curb or edge of
such a roadway as judged safe by the bicyclist; or
A.
No person
fifteen or more years of age shall ride a bicycle upon a sidewalk within the
central business district as defined by Chapter 10.46 of the Missoula Municipal
Code.
B.
No person
fifteen or more years of age shall ride a bicycle upon a sidewalk in any
district if traffic control devices state that bicycles shall not be ridden on
the sidewalk at this location.
C.
Whenever any
person is riding a bicycle upon a sidewalk or within a crosswalk, such person
shall yield the right of way to any pedestrian and shall give audible signal
before overtaking and passing such pedestrian. (Ord. 3536, 2015; 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. (Ord. 3536, 2015; 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. (Ord. 3536, 2015; 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. (Ord.
3536, 2015; 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, but a bicycle trailer may be attached to a bicycle.
(Ord. 3536, 2015; prior code §20‑161).
10.42.140 Parking/Storage/Abandonment of
Bicycles
A.
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.
B.
No person
shall park, lock, abandon, or store a bicycle on City property or within City
right-of-way for a period of longer than 120 hours/five (5) days. Bicycles left
after 120 hours/five (5) days will be presumed abandoned.
C.
Missoula
Police, Development Services and Parks & Recreation staff (authorized
agents) may tag bicycles that are in violation of 10.42.140.B with notice that
the bicycle will be removed after 120 hours/five (5) days of the notice.
If the bicycle remains, authorized agents
shall remove any bicycle remaining in violation of this Section. Both the
Missoula Police Department and the Bicycle Pedestrian Office shall be notified
when a bicycle is removed pursuant to this section.
Authorized agents shall check the Missoula
Police Department stolen bicycle reports on all bicycles recovered in
accordance with this Section.
If the bicycle is registered with the City of
Missoula, authorized agents shall notify the registered owner that the bicycle
has been removed in accordance with this section.
Any unregistered bicycle recovered by the City
in accordance with this ordinance shall be registered before it is released to
its owner, if the owner operates the bicycle within City limits.
Authorized agents shall hold the bicycle for
at least 60 days. Bicycles remaining unclaimed after a period of 60 days shall
be sold at public auction. (Ord. 3536, 2015; 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 equipped with the lamps and other equipment required in this chapter. (Ord.
3536, 2015; Prior code §20‑172).
10.42.160 Electrically Assisted
Bicycles. The City may regulate the use of public right-of-way by
electrically assisted bicycles within the City pursuant to Montana Code
Annotated § 61-12- 101(1). The following regulations apply to the use of electrically
assisted bicycles within the City:
A. Class 1 and Class 2 electrically
assisted bicycles may be operated anywhere the City allows bicycles to be
ridden.
B. So long as the use is reasonable and
prudent under the conditions existing at the point of operation, taking into
account the amount and character of traffic, visibility, weather, and roadway
conditions, Class 1 and Class 2 electrically assisted bicycles may operate
within vehicle travel lanes, designated bikes lanes, sidewalks, and along paved
shared use paths unless otherwise prohibited.
C. Class 1 and Class 2 electrically
assisted bicycles may be operated on and along a sidewalk only under human
propulsion and may not be operated on or along a sidewalk if the device is under power from an independent power source.
D. It shall be unlawful to operate
electrically assisted bicycles on sidewalks within the Central Business
District, as defined in Chapter 10.46 of the Missoula Municipal Code if a
traffic control device states that bicycles shall not be ridden on the sidewalk
at that location.
E.
Operation
of electrically assisted bicycles within City of Missoula parks, open spaces,
conservation lands, and trails is governed by Chapter 12.40 of the Missoula Municipal Code.
(Ord.
3644, 2019; Ord. 3638, 2019; Ord. 3536, 2015; Prior code §20‑172).
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).
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).
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.
10.48.010 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).
(Ord. 3646, 2019; Prior code §20‑17.1).
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.
10.50.010 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).
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).
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).
VIOLATIONS‑‑PENALTIES
Sections:
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.
10.54.140
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:
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)
REFUSAL TO SUBMIT TO BREATH OR BLOOD ALCOHOL AND/OR DRUG
TEST
10.56.020
Unlawful to refuse to submit to a breath or blood alcohol and/or drug
test
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)
Golf
Carts
Sections:
10.58.010 Definitions
10.58.020 Golf carts generally prohibited
10.58.030 Golf carts permitted by resolution
10.58.040
Violation‑‑Penalty
10.58.010 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
10.58.020
Golf carts generally prohibited.
Pursuant to MCA 61-8-391, a person may
not operate a golf cart on a public street or highway open to the public unless
the operation is specifically authorized by the Missoula City Council pursuant
to the process and procedure established in this chapter. (Ord.
3545, 2015)
10.58.030
Golf carts permitted by exemption
Golf carts may be specifically
authorized in limited areas on public streets and highways within the City:
a. At least one and not more than two
headlamps;
b. At least one tail lamp;
c. At least one reflector;
d. Stop lamps;
e. A horn; and
f. A mirror that reflects to the driver a
view of the highway;
Section
4
10.58.040
Violation‑‑Penalty.
Violation of this chapter shall be considered a misdemeanor and shall be
punished by a fine of not more than five hundred dollars. Incarceration shall not be a penalty for violating this
chapter. (Ord. 3545, 2015)