5-1 TRAFFIC CODE

CHAPTER 1
TRAFFIC CODE

SECTION:

5-1-1: Idaho Motor Vehicle Laws Adopted

5-1-2: Interference With Vehicles

5-1-3: Negligent Driving

5-1-4: Stopping, Standing Or Parking

5-1-5: Air Compression Brakes

5-1-1: IDAHO MOTOR VEHICLE LAWS ADOPTED:

A. It is hereby declared to be the intent of the governing body of the city to aid and assist, by whatever means possible, for the utmost consistency in traffic regulation among and between agencies of Idaho having such jurisdiction. Toward that end, adoption of the Idaho motor vehicle laws by the cities of Idaho is a necessary means of assuring maximum uniformity within the state.

B. There is hereby adopted for the purpose of establishing rules and regulations for the use of all streets and public thoroughfares of the city that certain code, identified as the Idaho motor vehicle laws, more particularly title 49, Idaho Code, and as the same may hereafter be revised by the Idaho legislature. (1988 Code)

5-1-2: INTERFERENCE WITH VEHICLES:

No person, not the owner thereof, shall tamper, meddle or interfere with any vehicle, or start or attempt to start the machinery thereof while the same is standing still, or puncture or otherwise mutilate the tires, scratch, mark or otherwise deface the body or apparatus thereof, or take or remove from the vehicle any part or portion of the machinery, equipment or other portion thereof, or throw any stones, rocks, glass or other missiles at any vehicle or the occupants thereof. (Ord. 242, 3-11-1968)

5-1-3: NEGLIGENT DRIVING:

It shall be unlawful for any person to operate a motor vehicle in a negligent manner over and along the highways, streets or alleys of this city. For the purpose of this section, to "operate in a negligent manner" shall be construed to mean the operation of a motor vehicle under any of the following conditions:

A. Engaging in any motor vehicle speed contest or exhibition of speed;

B. Excessive, unreasonable, rapid acceleration of a motor vehicle;

C. The operation of a motor vehicle where the operator has less than full control of the speed and direction of movement of the vehicle. The collision by a vehicle with any stationary object shall be prima facie evidence of the violation of this section. (Ord. 242, 3-11-1968)

5-1-4: STOPPING, STANDING OR PARKING:

A. Standing Or Parking Close To Curb: Except as otherwise provided in this section, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the right-hand wheels of such vehicle parallel to and within twelve inches (12") of the curb. On one-way streets, a vehicle parked on the left side of the street shall be so stopped or parked with the left-hand wheels of such vehicle parallel to and within twelve inches (12") of the left-hand curb.

B. Stopping, Standing Or Parking Prohibited In Specific Places: No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or to comply with law or the directions of a police officer or traffic control device, in any of the following circumstances:

1. At any location where a traffic control device restricting or prohibiting parking has been posted by a department head or his/her designee;

2. On or across a public sidewalk, pedestrian path, bicycle path or similar nonvehicular right-of-way, or between the curb and sidewalk or within an area improved on the right-of-way for stormwater drainage;

3. In front of, or otherwise blocking use of, a public or private driveway or street access from lands adjoining a public street;

4. Within an intersection of public rights-of-way;

5. On, or impeding use of, or within twenty feet (20') of, a pedestrian crosswalk or the point of intersection of public rights-of-way measured at the curb line for streets so developed;

6. Alongside or opposite any maintenance or construction operation or obstruction when stopping, standing or parking would obstruct traffic;

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

8. Upon a bridge or other elevated structure upon a street or highway or within a highway tunnel;

9. On any railroad tracks;

10. At any place where official signs prohibit stopping;

11. In an alley so as to hinder or block traffic (parking in an alley is a violation of subsection E of this section);

12. In a marked fire lane on the site of any structure open for public access or where access restrictions have been imposed by the fire department;

13. Within fifteen feet (15') of a fire hydrant;

14. Where expressly and specifically requiring a public permit unless a valid city permit is duly issued for such vehicle and visibly displayed on such vehicle;

15. In a public space that is time limited or paid parking longer than the allowable time;

16. In a space reserved for a person with a disability, which space is signed in conformance with the requirements specified in Idaho Code section 49-213, unless a vehicle is momentarily in the space for the purpose of allowing a person with a disability to enter or leave the vehicle, or unless special license plates or card or temporary card for a person with a disability is displayed on the vehicle. The registered owner of a vehicle parked in violation of the provisions of this subsection is guilty of an infraction, which is punishable by a fine not exceeding one hundred dollars ($100.00).

C. Tow Away Zones: In addition to what is specified in Idaho Code Section 49-213, the city council may designate a tow away zone at any location where a traffic control device restricting or prohibiting parking has been posted by authority of a department head or his/her designee; provided, that the tow away warning is posted along with the traffic control device which restricts or prohibits parking.

D. Parking Not to Obstruct Traffic: No person shall park any vehicle upon a street or highway, other than an alley, in such a manner or under such conditions as to leave available less than twelve feet (12’) of such roadway for the free movement of vehicular traffic.

E. Parking In Alleys: No person shall park a vehicle within an alley, and no person shall stop, stand or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property.

F. Designated Short-Term Parking Areas: The chief of police is hereby authorized to determine places in which there is a public demand or necessity for short-term parking and to recommend for approval by the city council which places should be designated as short-term parking areas. When such signs are erected as authorized herein, no person shall stop, stand or park a vehicle in such designated places for a time longer than indicated on such signs.

G. Parking Time Limitation: No vehicle, including major recreational vehicles or equipment, shall be parked continuously at the same location or combination of locations on any public street or public alley in the city for more than forty-eight (48) hours, unless legal and in conjunction with a valid parking permit. At the expiration of forty-eight (48) hours, vehicles must be removed from any public street or public alley and may not be parked again on any public street or public alley for at least forty-eight (48) hours. For the purpose of this section, "major recreational vehicles or equipment" is defined as including, but not limited to, boats and boat trailers, pickup campers, or coaches (designed to be mounted on motor vehicles), motorized dwellings, tent trailers, tractor trailers, semi-tractors, oversized commercial vehicles, and utility trailers.

H. Parking Tickets And Procedures: It shall be the duty of the chief of police, or his designee, upon observing a vehicle parked, stopped or standing in violation of subsections A through G of this section, or each of them, to leave at or upon such vehicle a Garden City parking citation noting that such vehicle has been parked or stopped in violation of the provisions of the foregoing sections. Among other information, the notice shall bear the date and hour of leaving the same at or upon the vehicle, the make of the vehicle and its license number, and the location of the vehicle. The registered owner of the vehicle is responsible for any parking citation issued, regardless of who was operating the vehicle.

I. Parking Fines And Procedures: Each person or entity receiving a parking violation ticket in violation of this section shall:

1. Within twenty (20) days of the time of such notice, excluding weekends and federally observed holidays, pay to the city of Garden City, in full satisfaction of such violation, twenty-five dollars ($25.00) for each Garden City parking citation notice left upon his/her vehicle; or fifty dollars ($50.00) for the first, second, and third violations of subsection G of this section; or one hundred dollars ($100.00) for a violation of subsection B.14 of this section.

2. The police department and any officer thereof shall have the authority to take into its or their custody, and to impound any vehicle(s) found to be in violation of subsection G of this section for more than three (3) violations of subsection G of this section, and impose impound fees. Any person or entity who continues to violate subsection G of this section after being cited for more than three (3) violations of subsection G will be deemed a chronic offender.

3. The failure of any registered owner to make such payments to the city of Garden City within twenty (20) days shall render such person or entity subject to civil or criminal penalties as hereinafter provided. Alternatively, tickets unpaid past sixty (60) days of issuance may be sent to collections.

J. Penalties:

1. Any registered owner who shall violate or fail to comply with any provisions of this section, shall be summoned into magistrate court for the original charge. The fine for the violation will be fifty dollars ($50.00) plus court costs, unless a specified penalty is otherwise provided. If the registered owner, after being served a summons, shall fail to respond to the summons or fail to pay the fine, a default judgment shall be entered, and the department of transportation shall be notified that the registered owner has an unpaid judgment.

2. Any registered owner violating the provisions of subsection G of this section that has also been deemed a chronic offender pursuant to subsection I.2 of this section shall be deemed guilty of a misdemeanor. Upon conviction of such misdemeanor, the registered owner shall be fined in an amount not to exceed three hundred dollars ($300.00) or be imprisoned for not more than six (6) months, or both. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable hereunder.

K. The city of Garden City is hereby authorized to post and enforce parking regulations in public places, and on property owned by the city of Garden City.

L. Exceptions:

1. The prohibitions of this section shall not apply to a police officer acting in the course and scope of his or her duties.

2. The prohibitions of this section shall not apply to a public agency engaged in public safety. (Ord. 1013-19, 11-14-2019; amd. Ord. 1034-22, 6-12-2023)

5-1-5: AIR COMPRESSION BRAKES:

A. Use Of Air Compression Brakes Prohibited: The use of air compression brakes (also known as "jake brakes") by vehicles or trucks, as defined in Idaho Code title 49, chapter 1, within the city of Garden City is hereby prohibited and shall be unlawful, except under emergency circumstances where the use of air compression brakes is necessary to prevent an accident or injury to persons or property.