700:0

City Code: 700:0

CHAPTER VII.





TRAFFIC REGULATIONS

Section 700 - General Parking Regulations





Section 700:00. Double-Parking. No vehicle shall be parked double on a public street except for the purpose of receiving and discharging passengers and then for only such times as is reasonably necessary for that purpose and in a manner not to obstruct other vehicles from passing, and except as in this paragraph provided, no vehicle shall be left standing unattended at any time on any street or highway in this municipality unless such vehicle is lawfully parked thereon.

Section 700:05. Parking During Street Maintenance and Snow Emergency.

Subd. 1. No person shall park or leave standing any vehicle on any street in the City on any day between the hours of 12:01 a.m. and 12:00 o'clock noon from November 15th through March 31st, except as hereinafter provided: eff. 10/20/98

a. On even-numbered calendar dates, vehicles may be parked on the near side of the street adjacent to lots and houses which have been assigned even numbers.

b. On odd-numbered calendar dates, vehicles may be parked on the near side of the street adjacent to lots and houses which have been assigned odd numbers.

c. This subdivision does not apply to any street where parking is limited to one side, to any cul-de-sac which has combined even and odd house numbers, nor to any street which has more restrictive parking requirements.

d. This subdivision does not apply to street parking within a two block radius of duly constituted churches for regularly scheduled weekend services, holiday services, funerals, and weddings. Street parking is allowed one hour prior and one hour after the scheduled service times. eff. 2/20/07

Subd. 2. Signs announcing the existence of the winter parking ordinance and the Hotline telephone number shall be placed at all entrances to the City of Owatonna. eff. 10/20/98

Subd. 3. No vehicle shall be parked or be permitted to remain on any street in or serving the business district, as defined in Section 735:05, Subd. c., of the 1992 Ordinance Code of the City of Owatonna, between the hours of 2:00 a.m. and 5:00 a.m. on any day, contrary to the signs ordered by the Council to be posted on such streets. Signs in place effective upon the adoption of this Ordinance shall be in effect until ordered changed. eff. 5/1/07

Subd. 4. Any violation of this section shall be subject to the penalties set forth in Section 700:55, Subd. 3. o. eff.10/20/02

Section 700:10. Parking Limited. No vehicle shall be parked or left unattended on any street, public parking lot or alley within the corporate limits of this municipality for forty-eight (48) hours or more unless otherwise posted.

Section 700:15. Vehicles Towed by Police. Where any vehicle is parked or left unattended on any street, parking lot or alley contrary to the provisions of this ordinance, any police officer of this municipality may cause such vehicle to be removed, or removed and stored, and the cost of such moving and storage shall be paid by the owner of such vehicle in addition to any fine for violation of this ordinance set forth; provided, however, the aggregate total fine plus towing and storage charge shall not exceed $300.00.

Section 700:20. Storage on Lots Prohibited. It shall be unlawful for any person to use public parking lots in this municipality for storage. The word "storage" as used herein shall not be construed to mean the parking of only one (1) motor vehicle by one (1) person, but is intended to prohibit any person who owns, or has the care, custody and control of more than one (1) vehicle, from using City public parking lots of parking of such vehicles, thereby making such lots unavailable for casual parking purposes.

Section 700:22. Recreational Vehicle Parking and Storage in Residential Districts. Repealed by Ordinance No. 1380, dated 9/6/05. (See Section 702 of the 1992 Ordinance Code.)

Section 700:25. Prohibitions; Stopping, Parking. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places:

a. On a sidewalk or within a boulevard area. For purposes of this subsection, boulevard shall be defined as that part of the street right-of-way lying between the road surface including shoulder and the right-of-way line.

b. In front of a public or private driveway.

c. Within an intersection.

d. Within ten (10) feet of a fire hydrant.

e. On a crosswalk.

f. Within twenty (20) feet of a crosswalk at an intersection.

g. Within thirty (30) feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway.

h. Between a safety zone and the adjacent curb or within thirty (30) feet of points on a curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings.

i. Within fifty (50) feet of the nearest rail of a railroad crossing.

j. Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance when properly sign-posted.

k. In a yellow zone

l. Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic.

m. Upon any bridge or other elevated structure upon a highway or within a highway tunnel, except as otherwise provided by ordinance.

n. At any place where official signs prohibit stopping. No person shall move a vehicle not owned by such person into any prohibited area or away from a curb such distance as is unlawful.

o. On the roadway side of any vehicle stopped or parked at the edge or curb of a street.

(1) In the case of single family, two family and townhouse dwellings, parking of motor vehicles for a length of time exceeding twenty-four (24) hours shall be prohibited in any portion of the front yard except designated driveways leading directly into a garage or one (1) open, surfaced space located on the side of a driveway, away from the principal use.

The provisions of Ordinance No. 827, the Zoning Ordinance of the City of Owatonna, relating to definitions of terms, are adopted and made a part of this Section.

(1) Surfacing means that the area intended to be utilized for parking space shall be surfaced with material suitable to control dust and drainage and includes crushed rock, asphalt and concrete.

(2) For purposes hereof, motor vehicles includes all vehicles required to be licensed and registered under Minnesota Statutes, Chapter 168, and includes automobiles, trucks, recreational vehicles, trailers, boat trailers, and also includes boats.

(3) A variance from the provisions of this Ordinance may be authorized pursuant to the provisions of Section VII: F. of Ordinance No. 827, the "Owatonna Zoning Ordinance."

q. Large Vehicles in Residential Zones. It is unlawful for any person owning, driving or in charge of a motor vehicle to cause or permit the parking or continuous standing for more than four (4) hours on any public or private property within any residential use district of this City, as defined in Ordinance No. 827 (Owatonna Zoning Ordinance), of: (a) any commercial bus, tractor, truck tractor or tractor trailer combination on any public or private property within any residential use district; or (b) any motor vehicle in excess of nine thousand (9,000) pounds gross vehicle weight or in excess of twenty-two (22) feet in length.

r. Exceptions. Subsection q. shall not apply to: (a) any motor vehicle being used by a public utility, moving company or similar company while it is actually being used to service a residence not belonging to or occupied by the operator of the vehicle; (b) any motor vehicle used in conjunction with an authorized construction site during a period that construction is actually taking place, including non-working hours and holidays; (c) vehicles in the process of loading or delivering to a residence not belonging to or occupied by the operator of the vehicle; or (d) any 'Recreational vehicle" as defined in Section 700:22, Subd. 1. eff. 7/20/04

s. North Cedar Avenue Stopping Restricted.

(1) For the purposes of this subdivision, the terms defined in this Section shall have the meanings subscribed to them.

(a) Stopping. "Stopping" means any halting, even momentarily of a vehicle, 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. Stopping includes parking.

(b) Occupying. "Occupying" means sitting within the passenger compartment of a motor vehicle, sitting or standing on top of a motor vehicle or leaning against the outside of a motor vehicle and, in the case of a pickup truck, occupying the box of the truck.

(c) North Cedar Avenue Zone. "North Cedar Avenue Zone" means both curb lines of North Cedar Avenue from the intersection of Broadway Street to the intersection of Fremont Street.

(2) No person shall occupy a stopped or parked vehicle in the North Cedar Avenue Zone between the hours of 9:00 p.m. and 2:00 a.m.

(3) Exceptions:

(a) Subsection (2) hereof shall not apply to any person boarding or alighting from a parked motor vehicle; or

(b) Any physically handicapped person within a vehicle entitled to the privileges under Minn. Stat. 169.345.

(4) Penalty. The penalty for a violation of Subsection (2) hereof shall be as provided in Section 700:55.

Section 700:30. Parking Zones. To control and regulate the parking of motor vehicles within the public parking lots, the Council may, by resolution, designate that certain portions of any of the public parking lots, streets or other public areas are restricted to a limited time for parking. The City Council shall establish, by resolution, zones for parallel and diagonal on-street parking within the central business district of the City of Owatonna, with the following restriction:

Subd. 1. No parking other than parallel parking shall be authorized on a Municipal State-Aid Street or County State-Aid Highway within the central business district except such roads as meet the minimum State-Aid standards for such parking and approval is returned from the Mn/DOT.

Section 700:35. Unclassified Violations.

Subd. 1. No person shall operate a vehicle on a public highway, street, parking lot, alley or other public property in such manner as to cause the tires to squeal, the gears to grind, or the motor to backfire, except when an emergency creates the necessity for such operation.

Subd. 2. No person shall drive a vehicle on a public highway, street, parking lot, alley or other public property at irregular or erratic and changing speeds or in such a manner as to cause said motor vehicle to skid or slide upon acceleration or stopping or in a manner that simulates a temporary race, or that causes the vehicle to turn abruptly or sway, except when an emergency creates the necessity for such operation.

Subd. 3. No person shall loiter on top of, against, or upon an outside portion of any vehicle parked on any public highway, street, parking lot, alley or other public property without the consent or permission of the owner or operator thereof, nor shall he loiter in such places in a manner likely to endanger himself or to impede the free flow of traffic.

Subd. 4. Except in a real emergency, during an authorized public parade, or when making lawful signals, no person shall drive or ride in a motor vehicle on any public highway, street, alley, parking lot or other public place (a) with any part of his person extending outside the window, or (b) while sitting, reclining or being in or on any portion of a motor vehicle not normally occupied by the driver or passengers, or (c) while standing or being above normal sitting position in an open convertible motor vehicle.

Section 700:40. Traffic Control Signs. The Engineer shall cause to be placed traffic control signs and markers on such streets, alleys, avenues, highways and other public ways as the Council may, by motion, from time to time direct. The Engineer is further empowered to cause to be placed temporary signs or markers on or adjacent to streets, alleys, avenues, highways and other public ways as he may deem necessary or expedient to regulate, warn or guide traffic in emergency cases, or where public safety would be thereby preserved.

Section 700:45. Compliance with Signs. No person who operates or controls any vehicle, or in whose name any vehicle is registered, shall cause, allow, permit or suffer such vehicle to be upon any street, avenue, alley or public parking lot, where parking zones are established, contrary to or for a longer period of time than is indicated by the markings or signs erected in or adjacent to such street, avenue, alley or public parking lot, as are now or may hereafter be ordered by the Council or posted by the Engineer in emergencies as authorized in Section 700:35.

Section 700:50. Notice of Violation.

Subd. 1. Whenever any motor vehicle is found parked in violation of any of the parking restrictions of this ordinance, a police officer, parking control attendant or community service officer finding it shall affix conspicuously to such vehicle or serve upon the person operating same, a written notice. Such notice shall be made out on duplicate form and shall indicate thereon the time and place of such violation, make of vehicle and any other information that may be necessary to a thorough understanding of the circumstances attending such violation. Such notices shall consist of an envelope which shall have printed thereon that the vehicle has been parked in violation of this ordinance, and instructions to the owner or operator to report to the Police Department in regard to said violation or to insert in an envelope used as a traffic violation ticket, the sum of money in the amount duly established by the Council from time to time, in a parking violation fee box or mailed to the Police Department.

Subd. 2. Persons who have received notices as provided in this section may, within the time specified in such notices, answer at the Police Department the charges set forth in said notice, or in lieu thereof, shall place such sum of money in said envelope and deposit same as provided in this ordinance, which acts shall constitute a payment of said parking fee, and waiver of notice of hearing thereon, and the acceptance thereby by the Police Department shall be deemed complete satisfaction for the violation.

Subd. 3. It shall be the duty of the Police Department to keep account of the violations of this ordinance, and make such reports thereon as the Council may require.

Section 700:55. Penalty.

Subd. 1. It is a petty offense for any person to do any act forbidden or fail to perform any act required by Sections 700:00 et seq. of this Code.

Subd. 2. A person charged with a petty offense shall not be entitled to a jury trial but shall be tried by a judge without a jury. If convicted he shall be punished by a fine of not more than $200.00.

Subd. 3. Any person violating parking restrictions contained in this ordinance may fully satisfy such violation by inserting in the envelope used as a parking violation fee ticket, such sum of lawful money of the United States as is hereinafter set forth, and placing such envelope in parking violation fee box, or by leaving same at the Law Enforcement Center in Owatonna, Minnesota, to-wit:

a. Parking beyond time limit

If paid within forty-eight (48) hours . . . . . . . . . . . . . . . . $ 5.00
If paid after forty-eight (48 hours and
within ten (10) days . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00
If paid after ten (10) days and
within thirty (30) days . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00
If not paid within thirty (30) days . . . . . . . . . . . . . . . . . . 30.00

b. Parking too close to fire hydrant . . . . . . . . . . . . . . . . . 20.00

c. Unlawfully parking in a handicapped zone . . . . . . . . . 100.00

d. Double parked illegally. . . . . . . . . . . . . . . . . . . . . . . . 15.00

e. Parking in a prohibited area . . . . . . . . . . . . . . . . . . . . 15.00

f. Parking in crosswalk . . . . . . . . . . . . . . . . . . . . . . . . . 15.00

g. Parking over forty-eight (48) hours unattended . . . . . . 15.00

h. Blocking private drive . . . . . . . . . . . . . . . . . . . . . . . . 15.00

i. Obstructing traffic lane . . . . . . . . . . . . . . . . . . . . . . . . 15.00

j. Parking so as to obstruct an alley . . . . . . . . . . . . . . . . . 15.00

k. Parked 2:00 a.m. to 6:00 a.m. in
central business district . . . . . . . . . . . . .. . . . . . . . . . . . . . 10.00

l. Parking too close to stop sign . . . . . . . . . . . . . . . . . . . . 10.00

m. Parking in a yellow zone . . . . . . . . . . . . . . . . . . . . . . . 10.00

n. Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

o. Winter parking violations eff. 10/20/02 . . . . . . . . . . . . . 20.00

p. Recreational vehicle parking violations eff. 11/16/04 . . . 20.00

For violations of subparagraphs b. through p., payments must be made within forty-eight (48) hours. Late fees will be assessed as follows: Within ten (10) days, $5.00 penalty, after ten (10) days, $10.00 penalty; and after thirty (30) days but before issuance of a warrant, $30.00 penalty.

Payments so made shall constitute a parking violation fee. All amounts collected after issuance of a warrant as hereinafter provided shall constitute a fine for ordinance violation and are subject to the jurisdiction of the District Court. After a warrant issues for the violation of this ordinance, the bail and fine for said violation will be set by the Court, provided that no warrant shall be issued unless a notice of violation by first class mail has been sent by the Owatonna Police Department to the last known registered owner of the vehicle involved.

Section 700:60. Use of Proceeds. The monies returned from the fees, fines and charges for parking control violations shall be deposited in the general fund of the City.

Section 700:70. Owner's Liability. The registered owner or real owner of a vehicle shall be responsible for any parking violation under this Section committed by someone using said vehicle, unless said owner has prohibited said person from using said vehicle. All vehicles in violation are subject to being towed at the owner's expense.

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