Proposed Ordinance No. 508- Snow Emergency

Posted: September 11, 2024 | Updated: September 11, 2024

ORDINANCE NO 508

DECLARATION OF SNOW EMERGENCY, PARKING REGULATIONS, AND PARKING VIOLATIONS

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CRESCO, IOWA BY ADDING PROVISIONS PERTAINING TO DECLARING A SNOW EMERGENCY, PARKING REGULATIONS, AND PARKING VIOLATIONS

BE IT ENACTED by the City Council of the City of Cresco, Iowa:

SECTION 1.   SECTION MODIFIED.  Section 69.10 of the Code of Ordinances of the City of Cresco, Iowa, is modified and the following adopted in lieu thereof:

69.10    SNOW REMOVAL.  Whenever the city experiences a snowfall which accumulates to a depth of two inches or more, a snow emergency shall automatically be in effect and all procedures prescribed by Chapter 82 shall be observed by all persons. A snow emergency shall also be in effect whenever the street commissioner or designee, in exercise of sound judgement and discretion, determines that a snow or ice emergency exists or is expected to occur, requiring the removal of snow or ice from the public streets and alleys.

SECTION 2.   SECTION MODIFIED.  Section 70.03 of the Code of Ordinances of the City of Cresco, Iowa, is modified and the following adopted in lieu thereof:

70.03    PARKING VIOLATIONS: ALTERNATE. Uncontested violations of parking restrictions imposed by this Code of Ordinances shall be charged upon a simple notice of a fine payable at the office of the City Clerk. The simple notice of a fine shall be in the amount of twenty dollars ($20.00)  for all violations except improper use of a persons with disabilities parking permit. If such fine is not paid within thirty (30) days, it shall be increased by five dollars ($5.00). Pursuant to Iowa Code Section 321.40, a list of all delinquent and unpaid parking fines will be provided to the County Treasurer for collection. All fines must be paid prior to renewing any motor vehicle registrations.  The simple notice of a fine for improper use of a persons with disabilities parking permit is one hundred dollars ($100.00).

SECTION 3.   NEW SECTION.  The Code of Ordinances of the City of Cresco, Iowa, is amended by adding a new Chapter 82 entitled DECLARATION OF SNOW EMERGENCY AND PARKING REGULATIONS, which is hereby adopted to read as follows:

CHAPTER 82

DECLARATION OF SNOW EMERGENCY AND PARKING REGULATIONS

 

82.01 DECLARATION OF SNOW EMERGENCY.  Whenever the city experiences a snowfall which accumulates to a depth of two inches or more, a snow emergency shall automatically be in effect and all procedures prescribed by this chapter shall be observed by all persons. A snow emergency shall also be in effect whenever the street commissioner or designee, in exercise of sound judgement and discretion, determines that a snow or ice emergency exists or is expected to occur, requiring the removal of snow or ice from the public streets and alleys.

82.02 NOTICE TO THE PUBLIC.

  1. Notice. The street commissioner or designee shall declare such emergency in writing, file the same with the city clerk, and cause notice of such emergency to be given to the public by social media, press, radio, or television. Failure of a person to receive such a notice shall not constitute a defense to any prosecution for violation of the rules, regulations and procedures prescribed by this chapter.
  2. General duration. A snow or ice emergency shall be in effect starting a minimum of four hours after the earlier of either:
  3. The accumulation of snow or ice to a depth of two inches or more within a twenty-four-hour period; or
  4. Such emergency is declared by the street commissioner or designee; and such snow or ice emergency shall continue for forty-eight hours.
  5. Extension. The duration of the snow or ice emergency may be extended at the discretion of the street commissioner or designee. Notice for such an extension shall be given in the manner prescribed in Section 82.02.A.

 

82.03 ALTERNATE PARKING OF MOTOR VEHICLES.

  1. While a snow emergency is in effect, curbside parking of motor vehicles shall be permitted only as follows: On even-numbered calendar days between the hours of 12:01 a.m. (midnight) and 8:00 p.m., all vehicles shall be parked on the side of the street where buildings bear even numbers. On odd-numbered calendar days between the hours of 12:01 a.m. (midnight) and 8:00 p.m., all vehicles shall be parked on the side of the street where buildings bear odd numbers.
  2. Alternate side parking during a snow emergency shall not supersede existing parking restrictions except in areas where posted.

 

SECTION 4.  SEVERABILITY CLAUSE.  If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

 

SECTION 5.  WHEN EFFECTIVE.  This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law.

 

ADOPTION OF ORDINANCE NO.  508                     

 

Council Member                                moved the adoption of the foregoing Ordinance and Council Member                                             seconded said motion.  Thereupon the Mayor called for a roll call vote and the following Council members voted in favor of the adoption of the foregoing Ordinance:

                                                                                                                                                                                                                             

 

And the following Council members voted against the adoption of the foregoing Ordinance:

 

                                                                                                                                                           

 

The Mayor thereupon declared the Ordinance passed and adopted by affirmative vote by the Council and Ordinance No. 508 is approved and adopted this                    day of                                      , 2024.

 

CITY OF CRESCO

 

BY ______________________

Mayor Alexander Fortune

ATTEST:

 

BY __________________________________________

City Clerk Nicole Hill

 

 

Summary of Ordinance No. 508:

First Reading:                                                  

Second Reading:                                              

Third Reading:                                                 

 

I certify that a summary of the foregoing was published as Ordinance No. 508 on the                day of                  , 2024.

______________________________

City Clerk Nicole Hill