ORDINANCE NO. 125

ORDINANCE RELATING TO PARKING WITHIN THE CITY LIMITS OF THE CITY OF AVON

            THE CITY COUNCIL OF THE CITY OF AVON HEREBY ORDAINS:

            That it is in the best interest of the City of Avon to control parking of vehicles on public streets within the City of Avon and within particular areas of the City for the health, safety, and welfare of the residents of the City of Avon.  That the City Council of the City of Avon has thoroughly analyzed the need for said regulation and hereby sets forth the following parking restrictions and requirements pertaining to the City of Avon.  Said Ordinance may be amended from time to time in order to implement other concerns and issues which are presently being evaluated and examined by the City Council of the City of Avon and which fall within the perimeters of this Parking Ordinance.

            SECTION 1.  Definitions.

A.  Semi Trailer.  A vehicle of the trailer type so designed and used in conjunction with a truck-tractor that a considerable part of its own weight or that of its load rests upon and is carried by the truck tractor and includes a trailer drawn by a truck tractor semi-trailer combination.

B.  Truck-tractor.  A motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load drawn; or a motor vehicle designed and used primarily for drawing other vehicles used exclusively for transporting motor vehicles or bats and capable of carrying motor vehicles or boats on its own structure.

C.  Trailer.  A trailer is any vehicle designed for carrying property of passengers on its own structure and for being drawn by a motor vehicle but does not include a trailer drawn by a truck-tractor semi-trailer combination or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached.

D.  Street/Highway.  The entire width between the boundary lines of any way or place when any part thereof is open to the use of the public as a matter of right or purpose of vehicular traffic.

E.  Residential District.  All that territory defined as either single family or residential or multiple district in the zoning ordinance and comprehensive plan for and by the City of Avon.

F.  Travel Trailers.  A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and/or vacation use.

G.  Pick-up Coach.  A structure designed to be mounted on a truck chassis for use as temporary dwelling for travel, recreational, and/or vacation use.

H.  Motor Home.  A portable, temporary building to be used for travel, recreational and vacation uses, constructed as an integral part of a self-propelled vehicle.

I.  Camping Trailer.  A folding structure mounted on wheels and designed for travel, recreational and/or vacation uses.

J.  Congested District.  That area as represented on the attached map and described as the area lying between Blattner Drive and First Street North within the City limits of the City of Avon.

            SECTION 2.  Congested District.

Truck Parking.  No commercial vehicle of more than on-half ton capacity shall be parked in the congested district except during the time necessary to continuously load or unload goods, articles, or produce to or from the premises abutting the congested district.

Loading/Unloading.  No commercial vehicle and no vehicle designed and used for the delivery of goods, articles, or produce shall be loaded or unloaded in whole or in part in the congested district where access to the premises is available from or by any other street or alley than those so designated as the congested district.  At places where such access by other streets or alleys is not available, such vehicles may stop or park, during the time necessary to continuously load or unload goods, articles, or produce to or from the premises abutting on the congested district.

SECTION 3.  Designation of Restricted Parking Zones.  The City Council may, by resolution, designate certain streets or portions of certain streets as any of the following: No parking zones, no stopping zones, no standing zones, physically handicapped zones, limited parking zone, truck zone, loading zone, safety zone, bus stop, truck or commercial vehicle parking zones, and such other zones as may be necessary to assist in the direction and control of traffic.  The City Council may likewise, by resolution adopt restrictions which apply to and govern the parking of vehicles in such designated zones.

            All zones designated by the Council shall be marked by appropriate signs.  During the hours specified on each sign, no person shall stop, stand, or park any vehicle or permit any vehicle to stand, whether attended or unattended, for a period of a time longer than is specified on the sign, and no vehicle shall be stopped, allowed to stand, or parked in a no parking zone or a zone where parking is otherwise prohibited, except as permitted by State Law and except as otherwise permitted under this Ordinance.

            SECTION 4.  Truck/Trailer Parking.  It shall be unlawful to park a detached semi-trailer upon any street, alley, city owned parking lot, or other public property except as such are specifically designated by the City of Avon, by resolution and sign posting.

            It shall be unlawful to park a truck (other than a truck of 10,000 gross vehicle weight or less), truck trailer, tractor-trailer, or truck-tractor within an area zoned as R-1 (1 and 2 family residential districts) except for the purposed of loading or unloading the same, and then only during such times as reasonably necessary for such activity.

            City Parking Lots.  In city owned parking lots, the council may limit the size and types of motor vehicles to be parked thereon, hours of parking, and prescribed method of parking by resolution from time to time or by amendment of this Ordinance.

            Recreational Parking Time.  It shall be unlawful for any person to leave or park a travel trailer, pick-up coach, motor home, camping trailer, recreational vehicle on or within the limits of any street, right of way, or city owned parking lot within the City of Avon for a continuous period in excess of forty-eight hours, except where designated as a camp site.  (Ochotto Park)

            SECTION 5.  Amendments.  The City Council from time to time shall amend this Parking Ordinance to address other issues and concerns that impact the health, safety, and welfare of the City and which concerns need Council action and enforcement.  At the present time, the City Council is considering enforcement policies with regard to abandoned vehicles, winter parking, snowmobile traffic, and routes and may amend this Ordinance to include provisions restricting or regulating these and other concerns that may from time to time come before the Council.

            SECTION 6.  Fine Schedules.  A violation of the Avon Parking Ordinance shall be enforced as follows:

1.      First violation, based on Ordinance #140, establishing a fee schedule.

If said fine is not paid within 72 hours, the fine shall be double.  If the fine is not paid and it is necessary for the City to file a criminal complaint with the District Court in order to proceed against the violator, the fine shall be in an amount no less than One Hundred Dollars ($100) and not to exceed Two Hundred ($200) Dollars.  Three or more Parking Violations within a Twelve (12) Month period shall constitute a misdemeanor.

2.  The second option for dealing with violations of the Parking Ordinance by the City Council is to have the vehicle towed at the owner’s expense.  The towing of said vehicle shall be left in the discretion of the Police Department and at the time of a Parking Violation the Police Department will either issue a notice and demand payment for the proper fine or shall have the vehicle towed at the owner’s expense.

            Records will be kept by the City Clerk or the Clerk’s designee.  This person shall be authorized to receive, process, and make records of all parking citations issued and fines paid and to note whether or not the matter was handled through the payment of a fine or through the towing of the vehicle.

            This Ordinance shall be effective following Thirty (30) Days of publication of a Short Form Summary Ordinance regarding the Parking Ordinance.

            Approved and passed this 6^th day of July 1998.

                                                                        Terry Pflipsen, Mayor

Carolyn Blonigan, City Clerk