Chapter 10.08
STOPPING, STANDING OR PARKING
Sections:
10.08.020 Presumption in Reference to Illegal Standing, Stopping or Parking
10.08.025 Illegal Stopping, Standing or Parking of a Vehicle
10.08.030 Stopping, Standing or Parking Prohibited in Places Reserved for Handicapped
10.08.040 Impeding Traffic On Street
10.08.045 Parking and Driving Vehicles on City Parks
10.08.060 Blocking Entrance to Driveway or Alley
10.08.090 Commercial Loading Zones
10.08.110 When Complaint to Be Issued
10.08.115 Towing and Storage of Vehicles
10.08.010 Applicability
A. The provisions of this chapter prohibiting the standing, stopping or parking of a vehicle shall apply at all times or at all times herein specified or as indicated on official signs both on public and private property, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer, fire fighter or official traffic control device. The provisions of this chapter imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the standing, stopping or parking of vehicles during a certain specified time.
B. The term "Official Sign" or "official traffic control device" or when a curb is "painted red" shall refer to circumstances where the "official sign" or "official traffic control device" or when a curb is "painted red" under the direction and within the authority of the Police Chief or his designee, or the Fire Department Chief or his designee, or as directed by any other authorized agent of the City. (Ord. 770, 1998)
10.08.020 Presumption in Reference to Illegal Standing, Stopping or Parking
In any prosecution charging a violation of any law or regulation governing the standing, stopping or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of such parking the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred. (Ord. 610 § 2 Exh. A (part), 1990: prior code § 22-17)
10.08.025 Illegal Stopping, Standing or Parking of a Vehicle
In addition to any other violations set out in the Winslow Municipal Code, it shall be unlawful for any person to stop, stand or park a vehicle where such is prohibited by official signs, where the curb is painted red or where paid entry is required without valid proof of payment. It shall also be unlawful for any person to stop, stand or park a vehicle between the hours or on the days specified on official signs installed prohibiting such stopping, standing or parking of a vehicle. (Ord. 1353 § 1, 2020: Ord. 770, 1998)
10.08.030 Stopping, Standing or Parking Prohibited in Places Reserved for Handicapped
A. Except as provided in subsection (D) of this section, no person may stop, stand or park a motor vehicle within any specially designated and marked parking space provided for a physically disable person in accordance with this section, Arizona Revised Statutes, Section 28-883, or any related statute or city code provision, whether on public or private property, unless the motor vehicle is transporting a person eligible for the distinguishing insignia placard or number plate bearing the international wheelchair symbol, and either:
1. The motor vehicle displays the distinguishing insignia placard; or
2. The motor vehicle displays number plates bearing the international wheelchair symbol.
B. Parking spaces subject to this section shall be clearly and conspicuously designated as being reserved for the physically disabled in the following manner:
1. Each space shall be posted with a permanent sign, located not less than three (3) feet nor more than six (6) feet above the grade. The sign shall bear the internationally accepted wheelchair symbol and shall indicate that the parking space is "reserved" or "reserved parking." Signs conforming to the standards found in the Manual on Uniform Traffic Control Devices, revised edition, published by the United States Department of Transportation, Federal Highway Administration, shall be deemed to be in compliance with this subsection. Signs which substantially comply with the provisions of this subsection, however, shall not be deemed to be insufficient for failure to comply strictly with the manual.
2. Each sign posted on a handicapped reserved parking place on private property shall additionally indicate: "Posted Pursuant to Winslow Municipal Code, Chapter 10.08, Section 10.08.030." The addition of this statement on such sign or signs shall constitute a waiver of any objection by the owner of the property to enforcement of this section.
C. Any person who is chauffeuring a physically disabled person shall be allowed, without a distinguishing insignia placard or number plates bearing the international wheelchair symbol, to park momentarily in any such parking space for the purpose of loading or unloading such physically disabled person. No complaint shall be issued to the driver for such momentary parking.
D. "Physically disabled person," as used in this section, means a person who is physically disabled within the meaning of Arizona Revised Statutes Section 28-1109, or any superseding statute. (Ord. 770, 1998; Ord. 734 (part), 1997; Ord. 610 § 2 Exh. A (part), 1990: prior code § 22-18)
10.08.040 Impeding Traffic On Street
No person shall park any vehicle upon a street in such a manner or under such conditions as to leave available less than ten (10) feet of width of the roadway for free movement of vehicular traffic. (Ord. 610 § 2 Exh. A (part), 1990: prior code § 22-20)
10.08.045 Parking and Driving Vehicles on City Parks
No person shall park or drive any vehicle upon a City park unless such vehicle is driven or parked in a designated parking lot or parking area, or unless the City has given prior permission. (Ord. 1069, 2008)
10.08.050 Parking in Alley
No person shall stand or park a vehicle in an alley at any time except for loading or unloading, and not then unless such loading or unloading can be accomplished without blocking the alley to the free movement of vehicular traffic. If an alley must be blocked for any period of time beyond thirty (30) minutes, the driver shall notify police and fire dispatchers. (Ord. 610 § 2 Exh. A (part), 1990: prior code § 22-21)
10.08.060 Blocking Entrance to Driveway or Alley
No person shall leave a vehicle parked or standing in such a manner as to block the entrance to a driveway or alley. (Ord. 610 § 2 Exh. A (part), 1990: prior code § 22-22)
10.08.070 Parallel Parking
Except as otherwise provided, no person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the curbside wheels of the vehicle within eighteen (18) inches of the curb or edge of the roadway. (Ord. 610 § 2 Exh. A (part), 1990: prior code § 22-23)
10.08.080 Roadside Parking
On those roadways without curbs, no person shall park a vehicle so as to force a pedestrian to walk in the traveled portion of the roadway. (Ord. 610 § 2 Exh. A (part), 1990: prior code § 22-24)
10.08.090 Commercial Loading Zones
It is unlawful for any person to stop or park any vehicle in any loading zone between the hours of nine a.m. and six p.m. of any day for any period longer than thirty (30) minutes and for other than the exclusive purpose of the expeditious loading or unloading of goods, wares and merchandise to or from such vehicle. (Ord. 610 § 2 Exh. A (part), 1990: prior code § 22-25)
10.08.095 Parking and Storage of Travel Trailer, Other Trailer, Motor Home, Watercraft, and/or Recreational Vehicle
A travel trailer, other trailer, motor home, watercraft and/or recreational vehicle shall not be stored on any public street or right-of-way, nor shall said vehicle(s) be parked on any public street or right-of-way for a period longer than seventy-two (72) hours at one (1) time and no longer than ninety-six (96) hours total time in any thirty (30) day period. (See also A.R.S. § 25.28.020(a) and (b).) (Ord. 1077 (part), 2008)
10.08.110 When Complaint to Be Issued
In the event a persons fails to respond to a written notice of the violation or a letter from the City Magistrate advising him to appear before the City Magistrate, or if such person provides the city magistrate with oral or written notice of his intent to contest the violation, the City Magistrate shall forthwith have a complaint filed against such person and shall issue a summons directing the person to appear before the City Magistrate. (Ord. 610 § 2 Exh. A (part), 1990: prior code § 22-27)
10.08.115 Towing and Storage of Vehicles
A duly authorized police officer of the City of Winslow shall have the authority to order the removal of a vehicle which has been in an accident, impounded, abandoned, or otherwise disabled, as defined in this title, and to have the vehicle stored at a safe storage lot or towed to a commercial garage, for the reasons set out in this code and in state law including, inter alia, ARS Section 28-872. The Winslow Police Department shall maintain a revolving list of towing companies to provide such towing service unless otherwise requested by the owner of the vehicle to be towed.
To qualify as a towing company for the purpose of this section, the company must own a licensed and permitted tow truck. They shall carry workers compensation insurance, and general liability insurance in the minimum coverage amount of one million dollars, naming the City of Winslow as additional insured.
The same revolving list of towing companies referred to herein shall be used by the Winslow Police Department for towing calls from other agencies unless otherwise directed by such agencies. (Ord. 1190, 2012)
10.08.120 Violation–Penalty
A. If a law enforcement officer employed by the city, parking enforcement specialist, unarmed police aid, or other duly authorized agent acting on behalf of the city pursuant to A.R.S. §§ 28-627, 28-885, 28-886, or 28-1593, as amended, finds a motor vehicle stopped, standing or parked in violation of this chapter, the officer or agent may issue a complaint to the operator or other person in charge of the motor vehicle or place a notice of violation on the vehicle in the discretion of the officer or agent.
B. A violator of any section of this chapter shall be responsible for a civil infraction, punishable by a fine not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00) for each violation. Each occurrence or day the violation continues shall be a separate offense.
C. After having been found responsible for committing three (3) or more civil infractions of the same code provision in any twenty-four (24) month period, whether by admission, by payment of the fine, by default or by judgment after hearing, a person is a habitual offender and may be charged with a Class 1 misdemeanor. For purposes of calculating the twenty-four (24) month period under this subsection, the dates of the commission of the offenses shall be used. Any person found guilty of a Class 1 misdemeanor under this subsection shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500), exclusive of penalty assessments prescribed by law, or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. (Ord. 1353 § 2, 2020: Ord. 1045, 2007: Ord. 770, 1998)