§ 22-219. Unlawful to park unregistered vehicle and vehicle which cannot operate or move under its own power.

(a)

Scope. The provisions of this section are intended to apply to all vehicles and trailers which may travel or park on any street, alley or boulevard within the city.

(b)

Definitions. As used in this section, the following definitions shall apply.

Boulevard means the area between the back of the curb (or, if no curb, the end of the pavement or gravel) and the boundary line of the platted street according to city records. The city has jurisdiction within the boulevard area.

Registered means taxes have been paid on the vehicle or trailer making the vehicle legal to operate upon the roadways and the vehicle has license plates properly secured and mounted and a valid "tax paid sticker" is affixed to the license plates.

Temporarily park means no longer than 24 hours Monday through Friday and 48 hours during the weekend.

Under its own power shall have its ordinary meaning and shall apply to a truck-trailer combination wherein the trailer is hitched to the truck and capable of immediate movement. An unhitched trailer is not capable of movement under its own power.

(c)

Provisions.

(1)

It is unlawful to park any vehicle or trailer which is not currently registered on any street, alley or boulevard within the city.

(2)

It is unlawful to park a vehicle which cannot operate or move under its own power on any street, alley or boulevard within the city.

(d)

Exceptions. In the following exceptional cases, a vehicle or trailer upon any city street, alley or boulevard within the city shall not be considered in violation of this section.

(1)

Disabled vehicles and trailers may temporarily park on a city or alley street when emergency repairs are necessary.

(2)

The mayor or the chief of police may waive parking limitations for vehicles or trailers when good cause is shown. Waivers must be obtained in writing, must indicate the good cause, set an expiration date, and must be presented to an officer when requested.

(e)

Notice of violation.

(1)

Upon finding a vehicle or trailer in violation of this section, it shall be the duty and responsibility of any law enforcement officer or agent acting on behalf of the officer to notify the owner or user of said vehicle or trailer of the violation. The owner or user may be notified in person, by certified mail, or by placement of a written notice on the vehicle or trailer. The owner or user shall be deemed to be properly notified if a notice of violation has been placed on the vehicle or trailer for a period of 24 hours or more.

(2)

After the owner or user of a vehicle or trailer in violation is notified of a violation of this section, said owner or user will be allowed 24 hours to comply with this section. An officer or agent, for good cause, may allow additional time. Any additional time allowed by an officer or agent will be shown by written documentation at the police department. Said document shall show the expiration date and time.

(3)

If the owner or user of a vehicle or trailer fails to comply with this section after the allotted time, the owner or user of said vehicle will be issued a notice to appear in city court for violation of this section.

(f)

Penalty. Upon conviction for violations of this section by either an owner or user, subsequent to the giving of written notice, shall result in the imposition of the following fines:

First violation ..... $ 25.00

Second violation ..... 50.00

Third violation ..... 75.00

Fourth and all subsequent violations ..... 100.00 to 500.00

(Ord. No. 1089, § II, 11-10-97)