Chapter 11.20
ADDITIONAL STOPPING, STANDING, AND PARKING REGULATIONS
Sections:
11.20.020 Violation – Civil liability to City – Collection of unpaid penalty fees.
11.20.030 Administration and enforcement.
11.20.050 Off-street parking during winter months.
11.20.060 Parking of heavy duty vehicles.
11.20.070 Parking of trailers, recreational vehicles.
11.20.080 Parking restrictions.
11.20.085 Parking by permit in specific areas.
11.20.090 Impoundment authorized.
11.20.100 Evasion of parking regulations.
11.20.010 Purpose.
The purpose of this chapter is to prevent the creation of nuisances to neighbors and those traveling on streets within the City, which are created by the presence of trailers, heavy duty vehicles, and inoperable vehicles; any vehicle or trailer during the months of snow removal; and parking vehicles or trailers in such a way as to endanger safety, block access, impede drivers’ and pedestrians’ views of oncoming traffic, and render an area unsightly. It is intended that the owners of trailers, heavy duty vehicles and inoperable vehicles shall be required to store those items in locations other than in the public right-of-way. [Ord. 21-05 § 1 (Exh. A); Ord. 17-19 (Exh. A); Ord. 16-22 § 1 (Exh. A).]
11.20.020 Violation – Civil liability to City – Collection of unpaid penalty fees.
(A) If any vehicle or trailer is parked in violation of any provision of this chapter, the person in whose name the vehicle or trailer is registered shall be strictly liable for such violation and the penalty associated with it.
(B) Any civil penalty assessed under this section may be in addition to other remedies, such as towing or impounding vehicles, provided in this chapter or under state law.
(C) Civil penalties shall be established in the Consolidated Fee Schedule.
(D) All penalty fees collected shall be payable to Syracuse City, and the City may use such lawful means as are available to collect such penalty, and add to the penalty costs any reasonable attorney’s or collection fees. The City may refer unpaid penalty fees to a collection agency.
(E) The City shall retain the discretion to pursue violations of this chapter as a criminal violation. The enactment of this chapter shall not be construed to limit the City’s right to prosecute any violation of this chapter as a criminal offense. When pursued criminally, a violation of this chapter is an infraction. [Ord. 17-19 (Exh. A).]
11.20.030 Administration and enforcement.
(A) The City Manager or designee may designate any employee or agent to issue civil citations under this chapter.
(B) The designee, upon discovering an apparent violation of this chapter, may issue a civil citation, including the following information:
(1) Date and time;
(2) Location of parked vehicle;
(3) If readily available, the make, model and license plate of the vehicle or trailer; and
(4) The specific section violated by the vehicle, and the penalty fee owed due to the violation.
Failure to provide any of the information identified in this subsection shall only invalidate a citation or extend a deadline if its omission deprives a recipient of due process.
(C) The designee shall leave a copy of that citation in a prominent place on the vehicle, and mail a copy of the citation to the address listed on the vehicle’s registration.
(D) The citation shall inform the recipient of:
(1) The City office where payment may be made or delivered;
(2) The right to file an appeal, the deadline for the request to appeal, and the address to which a notice of appeal may be sent;
(3) The effect of failure to timely pay or appeal the fee.
(E) A person who fails to appeal the citation within 10 business days of the date the citation was issued waives their right to challenge the action taken. [Ord. 24-28 § 1; Ord. 17-19 (Exh. A).]
11.20.040 Appeals.
(A) The person named on the citation may file an appeal by providing written notice of appeal to the City Recorder within 10 business days of the citation’s issuance. The appeal hearing shall be before a Hearing Officer. Hearings shall be conducted as provided in Chapter 6.20 SCC. The notice of appeal must be accompanied by the notice of violation or citation and by a filing fee established by the City’s fee schedule.
(B) Repealed by Ord. 23-12.
(C) Participants shall be entitled to be heard and present evidence, to call and cross-examine witnesses, and to be represented by an attorney.
(D) The City shall bear the burden of establishing the parking violation by a preponderance of the evidence.
(E) It is not a defense that the registered owner did not personally park the vehicle, unless, at the time the vehicle was ticketed:
(1) The vehicle was reported as stolen; or
(2) The person receiving the citation was no longer the owner, and ownership was transferred to another individual at least seven days prior to the ticket issuance.
(F) Appeals from the Hearing Officer determination are made by filing an appeal of an administrative action with the 2nd District Court of Utah. District court review is a record review, and the decision of the Justice Court shall be upheld unless it is not supported by substantial evidence or it is capricious or illegal. [Ord. 23-12 § 1 (Exh. A); Ord. 17-19 (Exh. A).]
11.20.050 Off-street parking during winter months.
Between the dates of November 15th and March 15th, it shall be unlawful to park any vehicle or allow a vehicle to remain parked within the public right-of-way of any street within the corporate limits of Syracuse City:
(A) At any time during the accumulation or removal of snow; or
(B) Between the hours of 12:00 a.m. and 6:00 a.m. [Ord. 23-01 § 1 (Exh. A); Ord. 21-05 § 1 (Exh. A); Ord. 17-19 (Exh. A); Ord. 16-22 § 1 (Exh. A); Ord. 10-01 § 1; Ord. 06-08 § 1; Code 1971 § 11-4-1. Formerly 11.20.020.]
11.20.060 Parking of heavy duty vehicles.
(A) The driver of a motor vehicle having a total gross weight, loaded or unloaded, in excess of 26,000 pounds, or having a total length in excess of 24 feet from the most forward point of the vehicle or its load to the most rear point of said vehicle or its load, shall not park said vehicle or allow it to stand upon any City street or public right-of-way for longer than two hours.
(B) The driver of a motor vehicle having a total gross weight, loaded or unloaded, in excess of 10,000 pounds and less than 26,000 pounds, or having a total length between 20 feet and 24 feet, from the most forward point of the vehicle or its load to the most rear point of said vehicle or its load, shall not park said vehicle or allow it to stand upon any City street or public right-of-way for longer than 24 hours.
(C) In determining the total gross weight or total length as provided in this section, the length or weight of a trailer connected or attached to or in tandem with the motor vehicle shall also be included in making such determination. [Ord. 21-05 § 1 (Exh. A); Ord. 17-19 (Exh. A); Ord. 16-22 § 1 (Exh. A); Ord. 06-08 § 1; Code 1971 § 11-4-2. Formerly 11.20.030.]
11.20.070 Parking of trailers, recreational vehicles.
(A) It shall be unlawful for any person or business to park, place, store, or otherwise leave standing on any public street, public roadway, public alley or City property any unattached trailer of any type, whether for the occupancy of people, storage of items or for towing purposes; any boat, whether the same is loaded or not on an unattached trailer or otherwise; any camper not mounted on a vehicle; any motor home or mini motor home of any length; and any combination of a pulling or towing vehicle with an attached trailer for a period longer than 24 hours.
(B) Such vehicle shall be considered to be in violation of this section if parked in any one location for longer than 24 hours, or if the vehicle has been parked in public right-of-way or streets in one or more locations within Syracuse City for longer than 24 hours, except that a permit may be obtained from the Police Department for a period not to exceed seven days for out-of-town visitors.
(C) Parking of any such trailer or recreational vehicle on private property must not impede visibility of sidewalks and streets from adjacent driveways, nor impede vision on a corner lot for a distance of 40 feet from each of the intersecting streets.
(D) No trailer or recreational vehicle may be used as a place of sleep or habitation while it is parked on a public right-of-way. Recreational vehicles or trailers with a “bump-out” feature, by which the sides of the trailer expand to the left or right in order to increase the space within the trailer, may not have that feature activated while parked on the public right-of-way.
(E) Trailers used in the course of business shall be stored off of the public right-of-way, and may not be parked overnight on any right-of-way.
(F) This section does not prohibit the parking of construction trailers on public right-of-way, so long as those trailers are associated with an active building permit. [Ord. 21-05 § 1 (Exh. A); Ord. 17-19 (Exh. A); Ord. 16-22 § 1 (Exh. A); Ord. 06-08 § 1; Code 1971 § 11-4-3. Formerly 11.20.040.]
11.20.080 Parking restrictions.
It shall be unlawful to stop, stand, or park any vehicle or trailer:
(A) In such a manner so as to obstruct access upon, or use of, the entire surface of any sidewalk;
(B) Upon any street, public right-of-way, or publicly owned or controlled property, for a period of more than 48 hours;
(C) In any fire lane, or to otherwise block or obstruct any fire lane or hydrant established by the City, except as necessitated by an emergency;
(D) On any public property, other than in designated parking areas, or as legally permitted on roadways;
(E) Upon any street or public right-of-way, within six feet of a mailbox or within four feet of a refuse or recycling can, between the hours of 8:00 a.m. to 5:00 p.m., or in any other manner that obstructs the delivery or retrieval of mail from a mailbox, or which obstructs refuse collection;
(F) In a manner that obstructs all or part of a public or private driveway, without permission from the driveway owner;
(G) In a manner that constitutes a violation of the standing or parking vehicle restrictions in the Utah State Traffic Code as amended and superseded from time to time and as adopted and incorporated herein, as if fully set out in length herein.
(H)(1) This section does not apply to any vehicle or trailer which is owned by a governmental entity and which is being used for official government business, or to vehicles which have been authorized by the applicable highway authority to stop, stand or park in a manner otherwise contrary to this section.
(2) Such vehicles may not block access to private or public driveways, except in cases of emergency repairs, when necessary in order to provide police or fire services, or pursuant to a road or lane closure authorized by the applicable highway authority.
(3) When it is anticipated that access to private or public driveways will be blocked, the entity shall coordinate its plan with the City, and shall communicate its plan to the affected property owner, at least 24 hours prior to the time access is blocked. [Ord. 23-10 § 1 (Exh. A); Ord. 21-05 § 1 (Exh. A); Ord. 17-19 (Exh. A); Ord. 16-22 § 1 (Exh. A); Ord. 15-21 (Exh. A). Formerly 11.20.050.]
11.20.085 Parking by permit in specific areas.
(A) Due to the high volume of daytime on-street parking caused by students or visitors to Syracuse High School, parking restrictions may be put in place on certain streets in close proximity to the school in order to retain parking spaces for residents whose homes abut these streets and their guests. The Traffic Engineer shall make the determination of which zones are designated as “permit only” areas.
(B) Residents who live on designated streets shall be issued parking permits by the City upon request of the resident. Passenger vehicles displaying the parking permit on the front dashboard shall be permitted to park on the “permit only” designated street. Permits do not reserve specific areas for a permit-holder.
(C) Multiple permits may be issued to and utilized by residents. No more than three permits may be simultaneously utilized by one residence. A residence that utilizes more than three permits simultaneously, or that offers them for sale or transactional use, may have its permit revoked by the City Manager or designee.
(D) Initial permits and permits issued to new move-ins shall be provided without cost to the resident. Replacement permits only shall be provided upon payment of a fee.
(E) This section does not permit any passenger vehicle to park in areas that are already prohibited by state law or Syracuse City ordinance such as in front of fire hydrants, mailboxes or red-curbed areas, where signage prohibits parking at all times, or in violation of parking prohibitions during snow accumulation and removal operations. [Ord. 24-28 § 1; Ord. 18-26 § 1 (Exh. A).]
11.20.090 Impoundment authorized.
Vehicles or trailers left parking or standing in violation of this chapter may be marked with a notice that the vehicle or trailer will be towed if not moved immediately. If the vehicle has not been moved to an appropriate location within two hours of the notice, a peace officer or code compliance officer may direct that the posted vehicle or trailer may be removed and impounded at the owner’s expense, using impoundment procedures found in Utah law. [Ord. 17-19 (Exh. A); Ord. 16-22 § 1 (Exh. A). Formerly 11.20.060.]
11.20.100 Evasion of parking regulations.
(A) The following constitute evasion of parking regulations, and shall not avoid the regulations of this chapter or restart the calculation of time for purposes of SCC 11.20.060, 11.20.070 or 11.20.080:
(1) Moving a parked vehicle, motor home, or trailer from its original location on a public street, to any other location or locations on a public street within one-half mile of the original location, if the cumulative time of the vehicle at both or multiple locations would exceed the lawful amount of time permitted at a single location; or
(2) Removing an unlawfully parked vehicle, motor home, or trailer from a public street for a period of time of less than eight hours, and then returning the vehicle, motor home or trailer to a public street within one-half mile of the original location.
(B) Evasion of parking regulations shall constitute a separate offense, punishable as an infraction, if done with intent to evade the provisions of this chapter. [Ord. 21-05 § 1 (Exh. A); Ord. 17-19 (Exh. A); Ord. 16-22 § 1 (Exh. A). Formerly 11.20.070.]