Overnight Parking

ORDINANCE

Sec. 12.048 Overnight parking

After the effective date of this section, only temporary permits shall be issued by the town. Annual permits issued on or before the effective date of this article (Friday, January 1, 2016), shall remain in effect as long as the conditions of this section are met. Such permits shall not be transferable and shall only continue to be valid when utilized at the address to which they were originally issued and if the annual renewal fee as set forth in the fee schedule in appendix A of this code, per permit has been paid and remains current. If a permit lapses for failure to pay the applicable fee or if the permit is transferred to a different address, it shall be void.

1. Prohibition - restricted hours. It shall be unlawful for any person to stand or park any motor vehicle, trailer, mobile home, motor home, other recreational vehicles, or boat along or upon any public highway, street, alley or other public right-of-way located within the town between the hours of 3 a.m. and 5 a.m. each day (hereinafter “restricted hours”). This prohibition shall not be applicable to any motor vehicle which is being used for emergency purposes, to the operation of any motor vehicle being used by a utility company for repair purposes, or to any governmental vehicle being used for necessary governmental purposes. Nothing in this article shall be construed to authorize the parking of any motor vehicle, trailer, mobile home, motor home, other recreational vehicles, or boat in violation of any other ordinance of the town specifically applicable to such vehicles.
2. Authority to park during restricted hours - by special permission. Special permission to park on any public highway, street, alley or other public rights-of-way during the restricted hours may be granted by the chief of police or his designee in accordance with this section. A person may park or stand a motor vehicle, trailer, mobile home, motor home, other recreational vehicle, or boat owned or controlled by him/her on a public street, highway or other public right-of-way between the hours of 3 a.m. and 5 a.m, provided that notice of such parking or standing is given to the chief of police or designee by no later than 5 p.m. of the immediately preceding day. Such parking or standing shall not exceed seven (7) consecutive days in any one (1) thirty (30) day period. Any vehicle parked as permitted by this section shall be parked directly in front of the residence being visited in such a manner as not to obstruct access to the private driveways of neighboring residents. Under no circumstances shall permission to park during restricted hours be granted if, in the sole determination of the chief of police or his designee, the request may result in a traffic hazard or may impede the access of emergency or other vehicles.
3. Authority to park during restricted hours - temporary parking permit - fee. Any person who desires to stand or park a motor vehicle upon a public highway, street, alley or other public right-of-way during restricted hours beyond the time period approved by the chief of police or designee pursuant to subsection (2) above and who meets the requirements of this section to qualify for a temporary parking permit, shall purchase a temporary parking permit from the town. A temporary parking permit shall only be allowed if there are four (4) or more vehicles at the address of the person requesting the permit. A maximum of one (1) temporary parking permit may be issued per address. Such permit shall be displayed in the front windshield of a motor vehicle located at the address of the applicant so that the permit is plainly visible to a person standing outside of the motor vehicle. A temporary parking permit may be transferred to any vehicle at that address; however, it shall not be transferable to a third party for use at an address other than the address for which it was purchased. A temporary parking permit authorized by this section shall be issued for a period not to exceed ninety (90) consecutive days within one (1) year from the date of issuance. The temporary parking permit fee as set forth in the fee schedule in appendix A of this code shall be valid for one (1) year from the date of issuance of the permit. If the need for a temporary parking permit results from driveway repairs being performed by a resident or under the direction of a public utility company or a governmental entity, including without limitation the town or MUD1, the permit fee imposed by this section shall be waived. Any motor vehicle parked as permitted by this section shall be parked in front of the residence for which the temporary permit has been issued in such a manner as not to obstruct access to the private driveways of neighboring residents. Under no circumstances shall a permit to park during restricted hours be granted if, in the sole determination of the chief of police or his designee, the request may result in a traffic hazard or may impede the access of emergency or other vehicles.
4. Motor vehicles ineligible for the restricted hours parking permit. Parking permits issued to residences under this section shall not be allowed for use in semi-trailers, trailers, truck-tractors or nonoperable motor vehicles.

(2006 Code, ch. 10, sec. 2.05(E); Ordinance adopting Code; Ordinance 2015-40 adopted 12/8/15. See end of this division for full history for this division.)