Chapters:
10.04 Administration‑‑Generally
10.08 Powers and
Duties of Police Department
10.10 Traffic
Violations Bureau
10.14 Miscellaneous
Regulations
10.22 Stopping,
Standing and Parking
10.26 Emergency Parking Restrictions
10.28 Governmental
Parking Lots
10.46 Street and
District Designation
10.48 Equipment
and Weight Regulations
10.50 Street
Cleaning Regulations
10.56 Refusal to
Submit Breath or Blood Alcohol and/or Drug Test
DEFINITIONS
Sections:
10.02.020 Authorized emergency vehicle.
10.02.060 Controlledaccess
highway.
10.02.094 Electrically Assisted Bicycle
10.02.095 Electrically Assisted Scooter
10.02.110 Freight curb loading zone.
10.02.170 Official time standard.
10.02.180 Official trafficcontrol
device.
10.02.200 Passenger curb loading zone.
10.02.230 Private road or driveway.
10.02.370 Trafficcontrol
signal.
10.02.010 Generally. For the
purposes of this title, the following words and phrases shall have the meanings
respectively ascribed to them by this chapter. (Prior code §201(part)).
10.02.020 Authorized
emergency vehicle. "Authorized emergency vehicle" means
vehicles of the fire department, police vehicles and such ambulances and
emergency vehicles of municipal departments or public service corporations as
are designated or authorized by the chief of police. (Prior code §201(part)).
10.02.030 Bicycle.
"Bicycle" means every device propelled by human power upon which any
person may ride, having two tandem wheels either of which is more than fourteen
inches in diameter. (Prior code §201(part)).
10.02.040 Business district.
"Business district" means the territory contiguous to and including a
highway when within any six hundred feet along such highway there are buildings
in use for business or industrial purposes, including but not limited to
hotels, banks or office buildings, railroad stations and public buildings which
occupy at least three hundred feet of frontage on one side or three hundred
feet collectively on both sides of the highway. (Prior code §201(part)).
10.02.050 Commercial vehicle.
"Commercial vehicle" means every vehicle designed, maintained or used
primarily for the transportation of passengers and property. (Prior code
§201(part)).
10.02.060 Controlled access
highway. "Controlled-access highway" means
every highway, street or roadway in respect to which owners or occupants of
abutting lands and other persons have no legal right
of access to or from the same except at such points only and in such manner as
may be determined by the public authority having jurisdiction over such
highway, street or roadway. (Prior code §201(part)).
10.02.070 Crosswalk.
"Crosswalk" means:
A.
That part of a roadway at an intersection
included within the connections of the lateral lines of the sidewalks on
opposite sides of the highway measured from the curbs, or in the absence of
curbs from the edge of the traversable roadway.
B. Any portion of a roadway at an intersection
or elsewhere distinctly indicated for pedestrian crossing by lines or other
markings on the surface. (Prior code §201(part)).
10.02.080 Curb loading zone.
"Curb loading zone" means a space adjacent to a curb reserved for the
exclusive use of vehicles during the loading or unloading of passengers or
materials. (Prior code §201(part)).
10.02.090 Driver.
"Driver" means every person who drives or is in actual physical
control of a vehicle. (Prior code §201(part)).
10.02.094 Electrically Assisted Bicycle. “Electrically
Assisted Bicycle” means a bicycle equipped with fully operable pedals
and an electric motor of less than 750 watts that meets the requirements of one
of the following three classes:
A. “Class 1 electric bicycle” shall
mean an electric bicycle equipped with a motor that provides
assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20
miles per hour.
B. “Class 2 electric bicycle” shall
mean an electric bicycle equipped with a motor that may be used exclusively to
propel the bicycle, and that is not capable of providing
assistance when the bicycle reaches the speed of 20 miles per hour.
C. “Class 3 electric bicycle” shall
mean an electric bicycle equipped with a motor that provides
assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28
miles per hour. (Ord. 3638, 2019)
10.02.095 Electrically Assisted Scooter. “Electrically Assisted Scooter” means a two wheeled device
that has handlebars, has a floorboard that is designed to be stood upon when
riding, and is powered by an electric motor that has a power output of not more
than 300 watts that: (i) is incapable of propelling
the device at a speed of more than fifteen (15) miles per hour; and (ii)
disengages or ceases to function when the device’s brakes are applied. (Ord.
3638, 2019)
10.02.100 Fourlane highway. "Fourlane highway" means a highway divided into four
lanes for traffic, two lanes for travel in each direction. The inside lanes
shall be those lanes closest to the center of the highway and are to be used for through traffic and traffic intending left turns. The
outside lanes shall be those lanes closest to the curbline of the highway and
are to be used for traffic intending to turn right to enter or leave a parking
space. (Prior code §201(part)).
10.02.110 Freight curb
loading zone. “Freight curb loading zone" means a space
adjacent to a curb for the exclusive use of vehicles during the loading or
unloading of freight or passengers. (Prior code §201(part)).
10.02.120 Highway.
"Highway" means the entire width between the boundary lines of every
way publicly maintained when any part thereof is open to the use of the public
for purposes of vehicular travel. (Prior code §201(part)).
10.02.130 Intersections.
"Intersections" means:
A. The area embraced within the prolongation or
connection of the lateral curb lines, or, if none, then the lateral boundary
lines of the roadways of two highways which join one another at, or
approximately at, right angles, or the area within which vehicles traveling
upon different highways joining at any other angle may come in
conflict.
B. Where a highway includes two roadways thirty
feet or more apart, then every crossing of each roadway of such divided highway
by an intersecting highway shall be regarded as a separate intersection. In the
event the intersecting highway also includes two roadways thirty feet or more
apart, then every crossing of two roadways of the
highways shall be regarded as a separate intersection. (Prior code §201
(part)).
10.02.140 Laned roadway.
"Laned roadway" means a roadway which is divided into two or more
clearly marked lanes for vehicular traffic. (Prior code §201(part))
10.02.150 Motorcycle. "Motorcycle"
means every motor vehicle having a seat or saddle for the use of the rider and
designed to travel on not more than three wheels in contact with the ground, but excluding a tractor. (Prior code §201(part)).
10.02.160 Motor vehicle.
"Motor vehicle" means every vehicle which is self-propelled and every
vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. (Prior code §201
(part)).
10.02.170 Official time
standard.
"Official time standard" means whenever certain hours are named herein they shall mean standard time or daylight
saving time as may be in current use in this city. (Prior code
§201(part)).
10.02.180 Official trafficcontrol device.
"Official trafficcontrol
device" means all signs, signals, markings and devices not inconsistent
with this chapter placed or erected by authority of the city council or
official having jurisdiction, for the purpose of regulating, warning or guiding
traffic. (Prior code §201(part)).
10.02.190 Park or parking. "Park
or parking" mean the standing of a vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while actually
engaged in loading or unloading merchandise or passengers. (Prior code
§201(part)).
10.02.200 Passenger curb
loading zone. "Passenger curb loading zone" means a place adjacent to a
curb reserved
for the exclusive use of vehicles during the loading or unloading of
passengers. (Prior code §201(part)).
10.02.210 Pedestrian.
"Pedestrian," means any person afoot. (Prior code §201(part)).
10.02.220 Police officer.
"Police officer" means every officer of the police department or any
officer authorized to direct to regulate traffic or to make arrests for
violations of traffic regulations. (Prior code §201 (part)).
10.02.230 Private road or
driveway. "Private road" or
"driveway" means every way or place in private ownership and used for
vehicular travel by the owner and those having express or implied permission
from the owner, but not by other persons. (Prior code §201(part)).
10.02.240 Railroad.
"Railroad" means a carrier of persons or property upon cars operated
upon stationary rails. (Prior
code §20-1 (part)).
10.02.250 Railroad train. “Railroad
train” means a steam engine, electric or other motor, with or without cars
coupled thereto, operated upon rails.
10.02.260 Residence district. “Residence
district” means the territory contiguous to and including a highway not
comprising a business district when the property on the highway for a distance of three hundred feet or more is in the main
improved with residences or residences and buildings in use for business. (Prior
code §20-1 (part)).
10.02.270 Right-of-way. “Right-of-way”
means the privilege of the immediate use of the roadway. (Prior code §20-1
(part)).
10.02.280 Roadway.
"Roadway" means that portion of a highway improved, designed
or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or
more separate roadways the term "roadway" as used in this title shall
refer to any such roadway separately but not to all such roadways collectively.
(Prior code §201(part)).
10.02.290 Safety zone.
"Safety zone" means the area or space officially set apart within a
roadway for the exclusive use of pedestrians and which is protected or is so
marked or indicated by adequate signs as to be plainly
visible at all times while set apart as a safety zone. (Prior code
§201(part)).
10.02.300 Sidewalk.
"Sidewalk" means that portion of a street between the curb lines, or
the lateral lines of a roadway, and the adjacent property lines, intended for
use of pedestrians. (Prior code §201(part)).
10.02.310 Stand or standing. "Stand"
or "standing" mean the halting of a vehicle, whether occupied or not,
otherwise than for the purpose of and while actually engaged
in receiving or discharging passengers. (Prior code §201(part)).
10.02.320 Stop.
"Stop" when required means complete cessation from movement. (Prior
code §201(part)).
10.02.330 Stop or stopping.
"Stop" or "stopping" when prohibited means any halting even
momentarily of a vehicle, whether occupied or not, except when necessary to
avoid conflict with other traffic or in compliance with the directions of a
police officer or trafficcontrol sign or signal.
(Prior code §201(part)).
10.02.340 Street or highway.
"Street" or "highway" means the entire width between the
boundary lines of every way publicly maintained when any part thereof is open
to the use of the public for purposes of vehicular travel. (Prior code
§201(part)).
10.02.350 Through highway.
"Through highway" means every highway or portion thereof on which
vehicular traffic is given preferential right of way, and at the entrances to
which vehicular traffic from intersecting highways is required by law to yield
right of way to vehicles on such through highways in obedience to either a stop
sign or a yield sign, when the signs are erected as provided in this chapter.
(Prior code §201(part)).
10.02.360 Traffic.
"Traffic" means pedestrians, ridden or herded animals, vehicles,
streetcars and other conveyances either signly or
together while using any highway for purposes of travel. (Prior code
§201(part)).
10.02.370 Trafficcontrol signal. "Trafficcontrol signal" means any device, whether
manually, electrically or mechanically operated, by which traffic is alternately. directed to stop and to proceed. (Prior code
§201(part)).
10.02.380 Traffic division. "Traffic
division" means the traffic division of the police department of this
city, or in the event a traffic division is not established, then such term
wherever used in this title shall be deemed to refer to the police department
of this city. (Prior code. §201(part)).
10.02.390 Vehicle.
"Vehicle" means every device in, upon or by which any person or
property is or may be transported or drawn upon a highway, excepting devices
moved by human power or used exclusively upon stationary rails or tracks.
(Prior code §201(part)).
ADMININSTRATION‑‑GENERALLY
Sections:
10.04.010 City traffic engineer‑‑Office
established--Duties.
10.04.020 City traffic engineer--Testing of
traffic-control devices.
10.04.030 City traffic engineer‑‑Regulation promulgation
authority.
10.04.040 Obedience to policemen and firemen
required.
10.04.010 City traffic
engineer‑Office ‑established‑-duties.
A. The office
of city traffic engineer is established. The city
engineer or his designee shall serve as
city traffic engineer in addition to his other
duties.
B. It shall
be the general duty of the city traffic engineer to determine the installation
and proper timing
and maintenance of trafficcontrol
devices, to conduct engineering analyses of traffic accidents and to devise
remedial measures, to conduct engineering investigation of traffic
conditions, to plan the operation of traffic on the
streets and highways of this city, and to cooperate with other city
officials in the development of ways and means to
improve traffic conditions and to carry out the additional powers and
duties imposed by ordinances of this city. (Prior
code §20-23).
10.04.020 City traffic
engineer‑Testing‑ of traffic-control devices. The city
traffic engineer may test traffic control devices under actual conditions of
traffic. (Prior code §20‑24).
10.40.030 City traffic
engineer‑Regulation‑ promulgation authority.
A. The city
engineer is empowered to make regulations necessary to make effective the
provisions of this title
other
traffic ordinances and to make temporary or experimental regulations to cover
emergencies or special
conditions.
No such temporary or experimental regulation shall remain in effect for more
than ninety days.
B. These regulations
shall be enforced by the chief of police and any
violation shall be unlawful. (Prior code §2025).
10.04.040 Obedience to
policemen and firemen required. No person shall willfully fail or refuse to comply with any
lawful order or direction of a police officer or fire department
official. (Prior code §203).
10.04.050 Violation‑‑Penalty. It is a
misdemeanor for any person to do any act forbidden or to fail to perform any
act required by this title. Unless another penalty is expressly provided in
this title, every person convicted of a violation of any provision of this
title shall be punished by a fine of not less than ten dollars nor more than
five hundred dollars, or by imprisonment for not more than six months, or both such fine and imprisonment. (Ord. 2074, 1979: prior code §20‑2).
TRAFFIC
DIVISION
Sections:
10.06.030 Records of traffic violations.
10.06.040 Accident‑‑Investigation duty.
10.06.070 Records maintained on drivers.
10.06.090 Designation
of method of identification of funerals.
10.06.010 Established. There is
established in the police department a traffic division to be under the control
of an officer appointed by and directly responsible to the chief of
police. (Prior code §2026).
10.06.020 Duties generally. It shall
be the duty of the traffic division with such aid as may be rendered by other
members of the police department to enforce the street traffic regulations of
this city and all of the state vehicle laws applicable to street traffic in
this city, to make arrests for traffic violations, to investigate accidents and
to cooperate with the city traffic engineer or other officers of the city in
the administration of the traffic laws and in developing ways
and means to improve traffic conditions, and to carry out those duties
specially imposed upon the division by this title and other traffic ordinances
of the city. (Prior code §2027).
10.06.030 Records of traffic
violations.
A. The police
department or the traffic division thereof shall keep a record of all
violations of the traffic ordinances of disposition of all such alleged
offenses. The record shall be so maintained as to show all types of this city
or of the state vehicle laws of which any person has been charged, together
with a record of the final violations and the total of each. The record shall
accumulate during at least a five-year period and from
that time on the record shall be maintained complete for at least the most
recent five-year period.
B. All forms for records of violations and
notices of violations shall be serially numbered. For each month and year a
written record shall be kept available to the public showing the disposal of
all such forms.
C. All such records and reports shall be public
records. (Prior code §2028).
10.06.040 Accident‑Investigation‑ duty. It shall
be the duty of the traffic division, assisted by other police officers of the
department, to investigate traffic accidents, to arrest and to assist in the
prosecution of those persons charged with violations of law causing or
contributing to such accidents. (Prior code §20‑29).
10.06.050 Accident‑‑Studies. Whenever
the accidents at any particular location become
numerous, the traffic division shall cooperate with the city traffic engineer
in conducting studies of such accidents and determining remedial measures.
(Prior code §20‑30).
10.06.060 Accident‑‑Reports. The
traffic division shall maintain a suitable system of filing traffic accident
reports. Accident reports or cards referring to them shall be filed
alphabetically by location. The reports shall be
available for the use and information of the city traffic engineer.
(Prior code §2031).
10.06.070 Records maintained
on drivers.
A. The police
department or the traffic division thereof shall
maintain a suitable record of all traffic accidents, warnings, arrests,
convictions and complaints reported for each driver, which shall be filed
alphabetically under the name of the driver concerned.
B. The traffic division shall study the cases of
all the drivers charged with frequent or serious violations of the traffic laws
or involved in frequent traffic accidents or any serious accident, and shall
attempt to discover the reasons therefore, and shall take whatever steps are
lawful and reasonable to prevent the same or to have the licenses of such persons suspended or revoked.
C. Such
records shall accumulate during at least a five-year period and from that time
on such records shall be
maintained complete for at least the most recent five-year period. (Prior
code §20-32).
10.06.080 Annual report. The traffic division shall annually prepare a
traffic report which shall be filed with the mayor. The report shall contain
information on traffic matters in the city as follows:
A. The number
of traffic accidents, the number of persons killed, the number of persons
injured, and other pertinent traffic accident data.
B. The number
of traffic accidents investigated and other pertinent data on the safety
activities of the police.
C. The plans and recommendations of the
divisions for future traffic safety activities. (Prior code §2033).
10.06.090 Designation of
method of identification of funerals. The
traffic division shall designate a type of pennant or other identifying
insignia to be displayed upon or other method to be employed to identify, the vehicles in funeral processions. (Prior code
§2034).
POWERS AND
DUTIES OF POLICE DEPARTMENT
Sections:
10.08.010 Enforcement of city and state traffic
laws.
10.08.020 Direction of traffic
10.08.030 Assistance at fires.
10.08.010 Enforcement of city
and state traffic laws. It shall be the duty of the officers of the
police department
or such officers as are assigned by the chief of police to enforce all
street traffic laws of this city and all of the
state vehicle laws applicable to street traffic in this
city. (Prior code §2035).
10.08.020 Direction of
traffic. Officers of the police department or such
officers as are assigned by the chief of police are authorized to direct all
traffic by voice, hand or signal in conformance with traffic laws, provided
that, in the event of a fire or other emergency or to expedite traffic or to
safeguard pedestrians, officers of the police department may direct traffic as
conditions may require notwithstanding the provisions of the traffic laws.
(Prior code §2036) .
10.08.030 Assistance at fires. Officers
of the fire department, when at the scene of a fire, may direct or assist the
police in directing traffic thereat or in the immediate vicinity. (Prior code
§2037).
TRAFFIC
VIOLATIONS BUREAU
Sections:
10.10.030 Recordkeeping‑‑Availability to public.
10.10.050 Designation of offenses.
10.10.070 Fine payment acknowledgement of
conviction-receipt.
10.10.010 Established. The
municipal court shall establish a traffic violations bureau to assist the court
with the clerical work of traffic cases. The bureau shall be in charge of such person or persons
as shall be assigned
thereto by the municipal court judge and shall be open at such hours as
the municipal court judge may designate.
(Ord. 2098 §3, 1980; prior code §2038).
10.10.020 Duties. The
following duties are imposed upon the traffic violations bureau in reference to
traffic offenses:
A. It shall
accept designated fines and issue receipts to such violators as are permitted
and desire to plead guilty, waive court appearances and give power of attorney;
B It shall
receive and issue receipts for cash bail from the persons who are required by
the court to post bond, enter the time of their appearance on the court docket,
and notify the city attorney's office, defendant and defendant's attorney, if
any, to be present;
C. It shall
keep an easily accessible record of all violations of which each person has
been guilty during the preceding twelve months, whether such guilt was
established in court or in the traffic violations bureau;
D. Deposit
fine receipts with city treasurer. (Ord. 2094 §4, 1980; prior code §2039).
10.10.030 Recordkeepinq‑Availability‑ to public. The
traffic violations bureau shall keep records and submit summarized monthly
reports to the municipal court judge and to the mayor of all notices issued and
arrests made for violations of the traffic laws of this city or the state and all the fines collected by the traffic violations
bureau or the court. Such records shall be so
maintained as to show all types of violations and the totals of each. These
records shall be public records. (Ord. 2098 §5, 1980; prior code §20‑40).
10.10.040 Procedure. The
traffic violations bureau shall follow such procedure as may be prescribed by
the traffic ordinances of this city or as may be required by any laws of this
state. (Prior code §2041).
10.10.050 Designation of
offenses. The municipal court judge shall designate the
specified offenses under the traffic ordinances of this city and the state
traffic laws in respect to which payments of fines may be accepted by the
traffic violations bureau in satisfaction thereof, and
shall specify by suitable schedules the amount of the fines for first, second
and subsequent offenses; provided, such fines are within the limits declared by
law or ordinance. (Ord. 2098 §6, 1980; prior code §2042).
10.10.060 Right of trial. Any
person charged with an offense for which payment of a fine may be made to the
traffic violations bureau shall have the option of paying the fine within the
time specified in the notice to appear and complain at the traffic violations
bureau upon entering a plea of guilty and upon waiving appearance in court; or
may have the option of depositing required lawful bail and upon a plea of not
guilty shall be entitled to a trial as authorized by law. (Ord. 2098 §7, 1980;
prior code §20-43) .
10.10.070 Fine payment
acknowledgement of conviction‑‑Receipt. The
payment of a fine to the bureau shall be deemed an acknowledgement of
conviction of the alleged offense, and the bureau, upon accepting the
prescribed fine, shall issue a receipt to the violator acknowledging payment
thereof. (Prior code §20‑44).
MISCELLANEOUS
REGULATIONS
Sections:
10.14.010 Applicability of title to animaldrawn vehicle.
10.14.020 Skiing or sledding on streets.
10.14.030 Toy vehicle or roller skate
restrictions.
10.14.050 Unattended motor vehicles.
10.14.060 Prohibition of traffic over damaged
streets.
10.14.010 Applicability of
title to animal drawn vehicle. Every person driving any animal drawing a
vehicle upon a street shall be subject to the provisions of this title
applicable to the driver of a vehicle, except those provisions which
by their nature can have no application. Persons
riding or leading animals on or along any street shall ride or lead such
animals on the left side of the street facing approaching traffic. (Prior code
§204).
10.14.020 Skiing or sledding
on streets. No person shall use the streets for traveling
on skis, toboggans, coasting sleds or similar devices. No person shall use any
roadway of this municipality as a sled or ski course for the purpose of
coasting on sleds, skis or other similar devices except on portions of such
streets set aside by proper authority for such use and adequately roped off or
otherwise marked for the purpose. (Prior code §205).
10.14.030 Toy vehicle or
roller skate restrictions. No person upon roller skates, or riding in or
by means of any coaster, toy vehicle or similar device shall go upon any
roadway except while crossing a street on a crosswalk and when
so crossing the person shall be granted all of
the rights and shall be subject to all of the duties
applicable to pedestrians. This section shall not apply upon any street while
set aside as a play street as authorized by the provisions of this code or
other ordinance of this city. ('Prior code §206) .
10.14.050 Unattended motor
vehicles. No person driving or in charge of any motor
vehicle except a licensed delivery truck or other delivery vehicle, shall
permit it to stand unattended without first stopping the engine, locking the
ignition and removing the key. No vehicle shall be permitted to stand
unattended upon any perceptible grade, without stopping the engine and
effectively setting the brake thereon, and turning the
front wheels to the curb or side of the street. (Prior code §2011).
10.14.060 Prohibition of
traffic over damaged streets. The mayor, with the approval of the city
council, is authorized, when by reason of deterioration, rain, snow or other
climatic conditions the streets and highways within the limits of the city will
be seriously damaged or destroyed, to prohibit the operation of vehicles upon
any street or highways within the limits of the city for a period of not to
exceed ninety days in one calendar year. (Prior code §2019).
TRAFFICCONTROL
DEVICES
Sections:
10.16.010 Installation authority.
10.16.020 Manual and specifications for devices.
10.16.070 No‑turn signs‑‑Establishment
authority.
10.16.080 No‑turn signs‑‑Erection and obedience.
10.16.090 Interference with official devices or
railroad signs or signals.
10.16.100 Obstructing traffic at intersection or
crosswalk.
10.16.120 Lane markings on street pavements.
10.16.010 Installation
authority. The city engineer shall
place and maintain trafficcontrol
signs, signals and devices when and as required under this title and other
traffic ordinances of this city to make effective the provisions of such laws, and may place and maintain such additional trafficcontrol devices as he may
deem necessary to regulate traffic under this title and other traffic
ordinances of this city or under state law or to guide or warn traffic. (Prior
code §2050).
10.16.020 Manual and
specifications for devices. All trafficcontrol
signs, signals and devices shall conform to the manual and specifications
approved by the state highway commission. All signs and signals required under
this chapter for a particular purpose shall so far as practicable be uniform as
to type and location throughout the city. All trafficcontrol devices so
erected and not inconsistent with the provisions of
state law or this chapter shall be official trafficcontrol devices. (Prior code §2051).
10.16.070 Noturn ‑signs‑Establishment‑ authority. The city
engineer is authorized to determine those intersections at which drivers of
vehicles shall not make a right, left or Uturn, and
shall place proper signs at such intersections. The making of such turns may he prohibited between certain
hours of any day and permitted at other hours, in which event the same shall be
plainly indicated on the signs, or they may be removed when such turns are permitted‑. (Prior code §20‑57).
10.16.080 Noturn ‑signs‑Erection‑ and obedience. Whenever
authorized signs are erected indicating that no right, left or Uturn is permitted‑, no
driver of a vehicle shall disobey the directions of any such sign. (Prior code
§2058‑) .
10.16.090 Interference with official devices or
railroad signs or signals. No person shall, without lawful authority,
attempt to or in fact alter, deface, injure, knock down or remove any official
traffic-control device or any railroad sign or signal or any inscription,
shield or insignia thereon, or any other part thereof. (Ord. 890, 1959; Prior
Code §20-59).
10.16.100 Obstructing traffic
at intersection or crosswalk. No operator of a vehicle shall enter an
intersection or a marked crosswalk unless there is sufficient space beyond such
intersection or crosswalk in the direction on which the vehicle is proceeding
to accommodate the vehicle without obstructing the passage of other vehicles or
pedestrians, notwithstanding any trafficcontrol
signal indication to proceed. (Prior code §2060).
10.16.120 Lane markings on
street pavements
A. The
traffic engineer is authorized to mark traffic lanes upon the roadway of any
street or highway where a regular alignment of traffic is necessary.
B. Where
traffic lanes have been marked, it shall be unlawful for the operator of any
vehicle to fail or refuse to keep the vehicle within the boundaries of any lane
except when lawfully passing another vehicle or preparatory to making a lawful
turning movement. (Prior code §2062).
A. It shall be unlawful for any
person operating a vehicle on any street or alley located within the city
limits to fail to yield the right of way to any urban transportation system bus
that is attempting to reenter the on street flow of
vehicle traffic when the bus is utilizing a flashing yield sign located on the
back of the bus.
B. The penalty for violating this vehicle
regulation shall be a fine of up to a $500.00. Any
penalty shall be a fine only. Incarceration shall not be a penalty for
violating this regulation. (Ord. 3403, 2009)
SPEED
LIMITS
Sections:
10.18.070 Specification of rate of speed in
violation complaint.
10.18.020 Established. The
Missoula City Council has jurisdiction to set the speed limits for all streets,
except those streets that are under the jurisdiction of the Montana Department
of Transportation. Where no special hazard exists that requires lower speed for
compliance with motor vehicle traffic laws, the speed of any vehicle not in
excess of the limits specified in this section or established as authorized by
this chapter shall be lawful, but any speed in excess of the limits specified
in this section or established as authorized by this chapter shall be prima
facie evidence that the speed is not reasonable or prudent and that it is
unlawful:
A. Twenty-five miles per hour on all streets within the city limits
unless posted otherwise;
B. The prima facie speed limits set forth in subsection A of this
section may be altered as follows:
1.
Whenever the city engineer or city council
determines upon the basis of an engineering and traffic investigation that any
prima facie speed set forth in this section is greater or less than is
reasonable or safe under the conditions found to exist at any intersection or
other place or upon any part of a street or highway, the city council may
determine and declare a reasonable and safe prima facie speed limit thereat
which shall be effective when appropriate signs giving notice thereof are
erected at such intersections or other place or part of the street or highway.
2. When
a speed study has been requested by the City Council pursuant to 10.18.020(B),
the City Council may set a temporary speed limit for the same part of a street
or highway for which the speed study has been requested. When the requested
speed study is complete, City Council shall review the temporary speed limit
and declare a speed limit pursuant to 10.18.020(B). (Ord.
3506, 2013; Ord. 3390 §1, 2008; Ord. 2867 §7, 1993; prior code §2064).
10.18.030 Alleys. The
maximum speed limit for all alleys within the city shall be five miles per
hour. (Ord. 2084 §1, 1979).
10.18.070 Specification of rate of speed in
violation complaint. In every charge of violation of any speed
regulation in this chapter, the complaint, also the summons, or notice to
appear, shall specify the speed at which the defendant is alleged to have
driven, also the speed applicable within the district or at the location.
(Prior code §2068) .
OPERATION
OF VEHICLES
Sections:
10.20.180 Neighborhood Traffic Calming Circles
10.20.240 Starting parked vehicle.
10.20.270 Vehicles not to be driven on sidewalk.
10.20.280 Limitations
on backing.
10.20.290 Vehicles prohibited on Van Buren
Street bridges.
10.20.170 No passing zones. The city
engineer is authorized to determine those portions of any street where
overtaking and passing or driving to the left of the street would be especially
hazardous and may by appropriate signs and markings on the street indicate the
beginning and end of such zones and when such signs or markings are in place
and clearing visible to an ordinarily observant person every driver of a
vehicle shall obey the directions thereof. (Prior code §2081).
10.20.180 Neighborhood
Traffic Calming Circles. It
shall be a violation to bypass a neighborhood traffic calming circle and/or
damage any of the traffic control signs per 10.16.090 and Right-of-way
Infrastructure as defined by 12.01.020. However, large vehicles, such as a
school bus or a type SU-40 and towed units, that would not otherwise be able to
negotiate a neighborhood traffic calming circle in the counter-clockwise
direction without over tracking onto landscaping, traffic control signs, or
other feature(s) located within the neighborhood traffic calming circle, may
turn left when no oncoming traffic is present and it is safe to do so, prior to
an intersection containing a neighborhood traffic calming circle. The
large vehicle left turning movement when no oncoming traffic is present and it
is safe to do so, shall not be a violation of this Chapter and is not subject
to a vehicle traffic violation. (Ord. 3762, 2024).
10.20.240 Starting parked
vehicle.
A. No person shall start a vehicle which is
stopped, standing or parked unless and until such movement can be made with
reasonable safety.
B. Any person starting a vehicle from a parked position at the curb or edge
of a roadway, before making such movement, shall yield the rightofway
to all vehicles which are approaching so closely as to constitute an immediate
hazard, but the driver, having so yielded and having given a signal as required
by this article for a leftturn movement, may proceed.
(Prior code §2087).
10.20.250 Uturns. The
driver of any vehicle shall not turn such vehicle so as to
proceed in the opposite direction upon any street other than at an intersection
except that no such turn shall be made at any of the following intersections:
1. Any intersection in the business district as
defined in this chapter;
2. Any signalized intersection;
3. Any intersection where stop signs are erected;
4. Any intersection of an alley with a street;
5. Any intersection on a curve;
6. Any intersection upon or within one hundred feet
of the crest of a grade. (Prior code §2092)
10.20.270 Vehicles not to be
driven on sidewalk. The driver of a vehicle shall not drive within
any sidewalk area except at a permanent or temporary driveway. (Prior code
§2093).
10.20.280 Limitations on
backing. The driver of a vehicle shall not back the same
except upon entering or leaving a parking space or driveway or when necessary
to avoid an obstacle in the highway, or upon the direction of a police officer
or fireman. (Prior code §2094).
10.20.290 Vehicles prohibited
on Van Buren Street bridges. The driver of a vehicle shall
not drive upon the Van Buren Street bridges across the Clark Fork River or
across the irrigation ditch except for emergency or authorized maintenance
vehicles. All others shall obtain written permission from the Missoula County
surveyor's office prior to driving upon either structure. (Ord. 2289 §1, 1982)
.
10.20.300. General Prohibition on operating a pickup
truck with passengers under 18 years of age riding in cargo areas of pickup
truck and prohibition on being a passenger under 18 years of age in cargo area
of a pickup truck on public ways within the city.
A. It shall be unlawful either for the operator
of a pickup truck to operate a pick up
truck with passengers under 18 years of age riding in the cargo area of a
pickup truck or for a person to be a passenger under 18 years of age in the
cargo area of a pickup truck while the pickup truck is operating upon public
ways within the city, except in the exceptional situations authorized herein.
For purposes of this section a pickup truck shall be defined as a motor vehicle
designed with a cargo area that is often open and is designed to be outside of
the enclosed passenger area of the motor vehicle. Public ways or ways of the
city open to the public shall be defined as defined in Montana state motor
vehicle traffic regulations to mean any highway, road, alley, lane, parking
area, or other public or private place adopted and fitted for public travel
that is in common use by the public.
B. It is the purpose of this section to further
public safety, health and general welfare by addressing the hazards of riding
in the cargo areas of pickup truck areas in the following exceptional,
permitted circumstances: (1) if the pickup truck is traveling five (5) miles
per hour or less and the passengers are seated within a pickup truck cargo area
that has its tailgate secured and closed while operating during a parade, (2)
the passengers are within a military pickup truck type vehicle or authorized
law enforcement or fire emergency vehicle, (3) if the pickup truck is traveling
five (5) miles per hour or less and the passenger as part of his employment
duties is riding within the pickup truck body in a cargo space intended for
materials and is performing employment related duties or responsibilities, such
as for the purpose of picking up or distributing traffic cones, or (4) if the
cargo area is equipped with and each passenger is utilizing a federally
approved restraint system for passengers in pickup truck cargo areas.
C. The
penalties for violation of this city motor vehicle regulation shall be a fine
of up to five hundred dollars ($500.00) per offense. Imprisonment shall not be
a penalty for violating this section. The minimum fine schedule to be imposed
by the Municipal Court Judge, which penalty may not be suspended shall be as
follows:
1. First
offense a minimum of fifty dollars ($50.00) which may not be suspended plus any
applicable administrative surcharges; (2) second offense a minimum fine of
one-hundred dollars ($100.00) which may not be suspended plus any applicable
administrative surcharges; and (3) a third or subsequent offense a minimum fine
of two-hundred dollars ($200.00) which may not be suspended plus any applicable
administrative surcharges. (Ord. 3320, 2006)
10.20.305 Definitions For the purposes of Section 10.20.310 the
following definitions shall apply
A.
Vehicle- a motor vehicle, motorcycle, bicycle or
any other device defined as a vehicle in Montana Code Annotated Title 61,
Chapter 1, Part 1, the State of Montana’s motor vehicle laws.
B.
Hands-free mode – means that use of a wireless
communication device with a speaker phone, headset, or earpiece.
C.
As used in this chapter, “hands-free wireless
telephone” means a mobile telephone that has an internal feature or function,
or that is equipped with an attachment or addition, whether or not permanently
part of such mobile telephone, by which a user engages in a conversation
without the use of either hand; provided, however, this definition shall not
preclude the use of either hand to activate, deactivate, or initiate a function
of the telephone.
D.
“Use” of a
wireless telephone or electronic communication device shall include, but not be
limited to, talking or listening to another person on the telephone, text
messaging, or sending an electronic message
via the wireless telephone or electronic communication device.
(Ord. 3572, 2016; Ord. 3486, 2012)
10.20.310 Prohibition of mobile telephone and other electronic
communication device use while operating a vehicle on a public highway.
A. No person
operating a vehicle on a public highway within the city limits of Missoula
shall use a mobile telephone or other electronic communication device to write,
send, or read text messages, e-mail or other activities where a person is
inputting or reading information on the device.
B.
The use of a wireless telephone or electronic
communication device by an operator of a moving motor vehicle on a public road
or highway shall be unlawful except when the telephone is a hands-free wireless
telephone or the electronic communication device is used hands-free, provided
that its placement does not interfere with the operation of federally required
safety equipment and the operator exercises a high degree of caution in the
operation of the motor vehicle. For the purposes of this section, an
“electronic communication device” shall not include an amateur radio.
C.
The operator of a motor vehicle may use a
hand-held wireless telephone while driving with one hand on the steering wheel
only if:
a.
The operator has reason to fear for his life or
safety, or believes that a criminal act may be perpetrated against himself or
another person; or
b.
The operator is using the telephone to report to
appropriate authorities a fire, a traffic accident, a serious road hazard or
medical or hazardous materials emergency, or to report the operator of another
motor vehicle who is driving in a reckless, careless or otherwise unsafe manner
or who appears to be driving under the influence of alcohol or drugs. A
hand-held wireless telephone user’s telephone records or the testimony or
written statements from appropriate authorities receiving such calls shall be
deemed sufficient evidence of the existence of all lawful calls made under this
paragraph.
D. Subsections
(A) and (B) do not apply to a person operating a vehicle:
1.
While using a wireless communications device in
hands-free mode;
2.
While using a hand-held wireless communications
device to make a report to 911:
a.
Report illegal activity except violations of
this section; or
b.
Summon medical or other emergency help; or
c.
Prevent injury to a person or property.
3.
That is not moving and on the side of the
roadway out of the flow of traffic;
4.
While pressing a single button to initiate or
terminate a voice communication using a mobile
telephone;
5.
Where the driver is using a two
way radio in the performance and scope of work-related duties.
E. Subsections
(A) and (B) do not restrict the operation of an amateur radio station by a
person who holds a valid amateur radio operator license issued by the Federal
Communications Commission.
(Ord. 3572, 2016; Ord. 3486,
2012; Ord. 3400, 2009)
10.20.320 Penalty. Incarceration shall not be a penalty for a
violation of this mobile phone or electronic communication ordinance. The
following penalty schedule shall apply to city ordinance violations of city
ordinances regulating mobile telephone or other electronic communication device
usage while operating a motor vehicle or riding a bicycle:
A. The minimum penalty for a first offense shall
be $100.00 which may not be suspended or waived up to a maximum of $300.00;
B. The minimum penalty for a second or
subsequent offense occurring within a twelve-month time
period of any prior cell phone ordinance offense shall be $150.00 which
may not be suspended or waived up to a maximum of $500.00;
C. If any vehicle crash investigation determines
that a cell phone was in use by a vehicle operator involved in the crash at the
time the crash occurred, the minimum fine shall be $350.00 which may not be
suspended or waived up to a maximum of $500.00;
D. Defendants convicted after a trial on a
violation of Section 10.20.310 shall pay as court costs, the cost of
prosecution of the case.
(Ord. 3572, 2016; Ord. 3486,
2012; Ord. 3400, 2009)
STOPPING,
STANDING AND PARKING
Sections:
10.22.010 Vehicles required to stop at all
railway grade crossings.
10.22.020 Stopping for school busses
loading or unloading.
10.22.030 Leaving unattended vehicles
obstructing traffic.
10.22.040 Marking noparking
zones.
10.22.050 Parking in a roadway‑‑Direction.
10.22.060 Parking for over one hundred twenty
hours.
10.22.070 Parking prohibited
in specified places.
10.22.080 Standing or parking on oneway streets and roadways.
10.22.090 Parking hours restriction‑‑Penalty.
10.22.120 Parking for purposes of sale, repair
or storage.
10.22.140 Parking on narrow streets.
10.22.150 Parking adjacent to schools.
10.22.160 Parking trucks in residential district.
10.22.170 Parking near hazardous or congested
places.
10.22.180 Parking trucks containing explosives
or offensive cargo.
10.22.190 Parking for camping purposes.
10.22.200 Parking prohibited on portion of South
Higgins Avenue.
10.22.210 REPEALED
10.22.220 Prima facie evidence of parking
violation.
10.22.230 Parking commission‑‑Rulemaking power‑Enforcement authority.
10.22.240 Parking commission‑‑Jurisdictional area.
10.22.260 Limitations on parking in a
residential parking permit only area.
10.22.270 Residential parking permit application
procedure.
10.22.280 Residential parking permit form and
issuance.
10.22.290 Display of residential parking permits
required.
10.22.300 University of Montana residential onstreet parking permit regulation
program.
10.22.310 Private parking services authorized to
issue parking citations.
10.22.010 Vehicles required
to stop at all railway grade crossings.
A. The driver
of any motor vehicle carrying passengers for hire, or of any school bus
carrying any school child, or of any vehicle carrying explosive substances or
flammable liquids as a cargo or part of a cargo, before crossing at grade any
track or tracks of a railroad, shall stop the vehicle within fifty feet but not
nearer than ten feet from the nearest rail of such railroads and while so
stopped shall listen and look in both directions along the track for any
approaching train, and for signals indicating the approach of a train, except
as provided in this section, and shall not proceed until he can do so safely.
B. No stop need be made at any crossing where a
police officer or a traffic control signal directs traffic to proceed.
C. When
stopping as required at such railroad crossing the driver shall keep as far to
the right of the roadway as possible and shall not form two lanes of traffic
unless the street or roadway is marked for four or more lanes of traffic.
(Prior code §20116).
10.22.020 Stopping for school
busses loading or unloading. The
driver of any vehicle when approaching the front or rear of a school bus, which
is marked and identified as a school bus as provided by MCA Sections 618351(2)
and 619402, which has come to a stop on a street, avenue or highway within the
city, and is receiving or discharging school children, shall stop the vehicle
not less than ten feet from the school bus and keep the vehicle stationary
until the children have entered the bus or have alighted and reached the
nearest adjacent side of the street, avenue or highway; provided, however, that
it shall not be necessary to observe this requirement when a school bus is
discharging or receiving school children at the school buildings. (Prior code
§20117).
10.22.030 Leaving unattended
vehicles obstructing traffic. No person shall park or leave unattended any vehicle upon a
street in such a manner or under such conditions as to
obstruct the free movement of vehicular traffic flow
in either direction upon the street. (Ord. 2075 §2, 1979; prior code
§20102).
10.22.040 Marking no parking
zones. Whenever curbs or curbing are painted yellow in color by the city
engineer pursuant to the Uniform Traffic Manual, federal or state laws or
regulations or an ordinance of the city council or regulations of the parking
commission no person shall at any time stop, stand or park; or wherever signs
are erected by the city engineer pursuant to an ordinance or resolution of the
city council or to regulations of the parking commission which prohibit
parking, establish limited time parking zones or in any way limit or restrict
parking, no person shall stop, stand or park in violation of the provisions
indicated on such signs. (Ord. 2124, 1980; Ord. 2075 §4, 1979; prior code
§20115).
10.22.050 Parking in a
roadway ‑‑Direction. No person
shall stand or park a vehicle in a roadway other than parallel with the edge of
the roadway heading in the direction of lawful traffic movement and with the
right‑hand wheels of the vehicle parallel to and within eighteen inches
of the right‑hand curb or edge of the roadway except that on a one-way
street the left‑hand wheels may be parked adjacent to and within eighteen
inches of the lefthand curb or edge of the roadway headed in the direction of
the lawful traffic movement and except as otherwise provided by this chapter.
(Ord. 2693 §1, 1989; ‑prior code §20‑96).
10.22.060 Parking for over
one hundred twenty hours. No person who owns or has possession, custody
or control of any vehicle shall park such vehicle upon any street or alley for
more than a consecutive period of one hundred twenty hours. (Prior code §2099).
10.22.070 Parking prohibited in specified places.
A. No person shall stop, stand or park a vehicle, except when necessary
to avoid conflict with other traffic or in compliance with law or the direction
of a police officer or traffic control device, in any of the following places:
1. On a sidewalk;
2. In front of a public or private driveway;
3. Within an intersection;
4. Within fifteen feet of a fire hydrant;
5. On a crosswalk;
6. Within twenty feet of a crosswalk at an
uncontrolled intersection approach or midblock crossing, and within thirty feet
of a crosswalk at a controlled intersection approach;
7. Within twenty 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 feet of the entrance when properly signposted;
8. Alongside or opposite any street excavation or
obstruction when stopping, standing or parking would obstruct traffic;
9. On the
roadway side of any vehicle stopped or parked at the edge or curb of a street;
10. At any place where official signs prohibit
stopping;
11. In an alley, except while loading or unloading
as provided in Section 10.22.130;
12. Within thirty feet upon the approach to any
flashing beacon, stop sign or trafficcontrol
sign located at the side of a roadway;
13. Within fifty feet of the nearest rail of a
railroad crossing;
14. Within
a bicycle lane or bicycle path designated for the exclusive use of bicyclists through striping, pavement markings, and/or
signage per the Federal Highway Administration Manual for Uniform Traffic
Control Devices and Montana Department of Transportation Traffic Engineering
Manual;
15. In a
dedicated transit stop.
16. On
streets and alleys adjacent to any courthouse, municipal, state, or federal
government facility, law
enforcement
building, or within a parking space designated for law enforcement, where there
are
signs
adjacent to parking areas or curbs painted with red or yellow curb markings,
indicating that the
area is
reserved for government use or parking in the area is restricted.
B. No
person shall move a vehicle not lawfully under his control into any such
prohibited area or away from a curb such distance as is unlawful.
(Ord. 3762, 2024; Ord. 3601,
2017; Prior code §20101).
10.22.080 Standing or parking
on oneway streets and roadways.
A. When
appropriate signs are erected giving notice thereof, no person shall stand or
park a vehicle upon the lefthand side of any oneway
street in violation of any such sign.
B In the
event a street includes two or more separate roadways
and traffic is restricted to one direction upon any such roadway, no person
shall stand or park a vehicle upon the lefthand side of such oneway roadway unless signs are erected to permit such
standing or parking. (Prior code §20114).
10.22.090 Parking hours
restriction‑‑Penalty.
A. Parking shall be prohibited on all streets
within the city, where posted, between the hours of 2:30 a.m. and 6:30 a.m., as
follows:
1. On even numbered days of the
month on the side of the street bearing even street numbers;
2. On odd numbered days of the month on the side of
the street bearing odd numbers.
B. Any person
who shall violate any provision of subsection A of this section shall be guilty
of a misdemeanor and shall be punished by a fine of not less than five dollars
nor more than fifty dollars. (Ord. 2075 §1, 1979; prior code §§101.1, 101.2).
10.22.100 Allnight parking. No
person, except physicians or other persons on
emergency calls, shall park a vehicle on any street marked to prohibit allnightparking and giving notice thereof, for a period of time longer than thirty minutes between the
hours of 2:00 a.m. and 6:00 a.m. of any day. (Prior code §20113).
A. The city engineer shall determine upon what
streets angle parking shall be permitted and shall mark or sign such streets,
but such angle parking shall not be indicated upon any federal aid or state
highway within the city unless the state highway commission has determined by
resolution or has ordered entered into its minutes that the roadway is of
sufficient width to permit angle parking without interfering with the free
movement of traffic.
B. Angle
parking shall not be indicated or permitted at any place where passing traffic
would be caused or required to driveupon
the left side of the street.
C. Upon those streets which have been signed or
marked by the city engineer for angle parking, no person shall park or stand a
vehicle other than at an angle to the curb or edge of the roadway indicated by
such signs or markings, and with the front of the vehicle to the curb unless
signed or marked to permit back-in parking. (Ord. 3406, 2009; Prior code
§20-97) .
10.22.120 Parking for
purposes of sale, repair or storage.
A. No person shall park any vehicle or motor
vehicle upon any street, roadway or thoroughfare or on and in any
other public place for the principal purpose of:
1. Displaying the vehicle or motor vehicle for sale;
2. Washing, greasing or
repairing the vehicle except repairs necessitated by an emergency;
3. Storing any vehicle or motor vehicle not then in
transit or actual use and service;
4. Displaying advertising.
B. Provided,
however, that, upon application made to the city council by any group,
organization or person, the city council may, in its discretion, waive, for a
temporary stated period of time, the enforcement of this section as it applies
to the applicant; provided further, that if meter space is used the city
council may require a fee of not to exceed five dollars per meter space per
day; and further provided, that no more than two meter spaces per day are so
utilized. (Prior code §2098).
A. No person shall stop, stand or park any
vehicle within an alley for a period of time longer
than is necessary for the reasonable expeditious loading or unloading of the
vehicle.
B. No person shall stop, stand or park a vehicle
within an alley or under such conditions as to leave
available less than ten feet of the width of the roadway for the free movement
of vehicular traffic.
C. No person shall stop, stand or park a vehicle
within an alley in such a position as to block the driveway or entrance to any
abutting property. (Prior code §20103).
10.22.140 Parking on narrow
streets.
A. The city engineer is authorized to erect
signs indicating no parking upon any street when the width of the roadway does not exceed twenty feet, or upon one
side of a street as indicated by such signs when the width of the roadway does not exceed thirty feet.
B. When official signs prohibiting parking are
erected upon narrow streets as authorized in this section, no person shall park
a vehicle upon any such street in violation of any such sign. (Prior code
§20106).
10.22.150 Parking adjacent to
schools.
A. The city engineer is authorized to erect
signs indicating no parking upon that side of any
street adjacent to any school property when such parking would, in his opinion,
interfere with traffic or create a hazardous situation.
B. When official signs are erected indicating no
parking upon that side of a street adjacent to any school
property, no person shall park a vehicle in any such designated place.
(Prior code §20105).
10.22.160 Parking trucks in
residential district. No person shall stand or park any truck, trucktractor, trailer, semi-trailer or bus in any street in
a residential district for any purpose or period of time other than for the
expeditious loading or unloading of such vehicles, except that the provisions
of this section shall not apply to the driver of a truck, trucktractor,
trailer or semi-trailer while such vehicle is being used in connection with the
construction or repair of buildings, service calls or the moving of household
goods and shall not be applicable to the driver of a bus while the vehicle is
parked in a designated bus stop. (Prior code §20104).
10.22.170 Parking near
hazardous or congested places.
A. The city engineer is authorized to determine
and designate by proper signs places not exceeding one
hundred feet in length in which the stopping, standing
or parking of vehicles would create an especially hazardous condition or would
cause unusual delay to traffic.
B. When official signs are
erected at hazardous or congested places as authorized in this section, no
person shall stop, stand or park a vehicle in any such designated place. (Prior
code §20107).
10.22.180 Parking trucks
containing explosives or offensive cargo.
A. It is unlawful, at any time, to park a truck
giving off an offensive or disagreeable odor or containing disagreeable and
containing offensive and offensive matter, or any truck engaged in hauling
gasoline oil, or other explosive matter, whether the truck is loaded or empty,
within the central business district or within three hundred feet of a
residential structure or residential zone except that a gasoline or oil truck
may park within the above described areas when actually engaged in making a
delivery of gasoline or oil.
B. Vehicles transporting explosives shall comply
with all provisions of the Uniform Fire Code as well as federal and state laws
and regulations pertaining to the transportation of explosives. Vehicles
transporting explosives shall be routed to avoid congested traffic and densely
populated areas.
C. The fire and police departments shall be
promptly notified when a vehicle transporting explosives is involved in an
accident, breaks down, or catches fire. Only in the event of such an emergency
shall the transfer of explosives from one vehicle to another be allowed on
highways, streets, alleys or parking lots within the city and only when
qualified supervision is provided. Except in such an emergency
a vehicle transporting explosives shall not be parked before
reaching its destination except at stopping and parking places
designated and approved by the city fire and police chiefs. (Ord. 2075 §3,
1979; prior code §20109).
10.22.190 Parking for camping
purposes.
A. No person shall occupy a recreational vehicle
parked on a public street, road, alley, boulevard, or median in the City. For
the purpose of this Section, a recreational vehicle is a vehicular type unit
primarily designed as temporary living quarters for recreational, camping, or
travel use that either has its own mode of power or is mounted on or towed by
another vehicle, including but not limited to a: (a) travel trailer; (b)
camping trailer; (c) truck camper; or (d) motor home. For the purposes of this Section,
“occupy” means spending more than a de minimis amount of time in the
recreational vehicle. The provisions of this section do not apply to the
following:
1. A property
owner or tenant may allow a guest's recreational vehicle to be parked on the
public right of way adjacent to their residence for sleeping purposes for a
maximum of five (5) consecutive days without violating this provision, provided
that the recreational vehicle is not occupied for more than five (5) days in
any consecutive thirty (30) day period while on the block adjacent to the
property owner or tenant’s residence.
2. Pursuant
to 12.58.030 MMC, upon approval by the Police Department, the requirements and
restrictions imposed by 10.22.190A may be suspended in order
to accommodate special events held within the city within the timeframes
designated in the special event permit; or
3. As allowed
by the provisions of 12.40.010B MMC.
B. It is unlawful for any person to dump or
deposit any sink water or sewage from a motor vehicle or vehicle designed for
camping anywhere except in a disposal site approved by the city-county health
department.
C. The penalty for a violation of subsection
10.22.190(A) shall be a fine only of up to $100.00 with no penalty of
imprisonment. The penalty for a violation of subsection 10.22.190(B) shall be a
fine only of up to $500.00 with no penalty of imprisonment. This penalty is an
alternative to the penalty applied by Montana State law. Montana State law's
penalty may be applied if the person is cited pursuant to Montana State law.
(Ord
3603, 2018; Ord. 3356, 2007; Ord. 2476 §1, 1986; prior code §20112).
10.22.200 Parking prohibited
on portion of South Higgins Avenue. Parking
on either side of the street is prohibited on South Higgins Avenue in the city
between the following points: the alley between Agnes Avenue and Sentinel
Avenue on the north and the Pattee Canyon Road intersection with South Higgins
Avenue on the south. (Prior code §20108).
10.22.210 REPEALED
(Ord. 3762, 2024; Ord. 2693 §2, 1989; Ord.
2315 §1, 1983; Ord. 2075 §5, 1979; prior code §20118).
10.22.220 Prima facie
evidence of parking violation.
A. Whenever any vehicle shall have been parked
in violation of any of the provisions of any ordinance of the city or
regulation of the parking commission regulating, prohibiting or restricting
vehicle parking, the person in whose name the vehicle is registered shall be absolutely liable for the violation and shall be subject to
the fine only penalty therefore, except as otherwise herein provided.
B. Whenever city officers or a court is
satisfied evidence shows that the vehicle had been reported as stolen at the
time in question of the vehicle parking offense, or was not parked illegally,
or that he/she was not the registered owner of the vehicle at the time of the
alleged violation, that person is absolved of responsibility for the particular offense. (Ord. 2693 §3, 1989; Ord. 2315 §1, 1983;
Ord. 2075 §5, 1979; prior code §20118).
10.22.230 Parking commission‑Rulemaking‑
power-‑Enforcement authority.
A.
The Parking
Commission, within the limits of its authority, is empowered to regulate onstreet and offstreet parking, subject to traffic regulations
imposed by the state and city. This power is to include but is not limited to:
1.
Parking regulation;
2.
Variable parking
duration;
3.
Variable parking rate
schedules; and
4.
Enforcement
procedures.
B.
The Commission is
further empowered to make temporary regulations to cover emergencies or special
conditions.
C.
All such regulations
shall be enforced by the Missoula Parking Commission.
A.
Any fines assessed
for the violations of ordinances established by the City Council shall be
managed administratively – as a civil infraction by the Parking Commission and
deposited as revenue for the Parking Commission. Within 30 days of the issuance
of the citation, any owner of a motor vehicle that has received a parking
violation citation may request that the citation be forwarded to the Municipal
Court for filing. The Parking Commission shall forward the citation to the
Municipal Court within 10 days of the request. The Parking Commission shall
notify the owner that the citation has been filed with the Municipal Court upon
transmittal. The owner shall appear before the Municipal Court within 10 days. Fines
collected by the Municipal Court shall be deposited as revenue for the Parking
Commission. (Ord. 3565. 2016; Ord. 3467, 2011; Ord. 2693 §4, 1989; Ord. 2075 §6,
1979; prior code §20118.1).
10.22.240 Parking
commission ‑Jurisdictional‑ area. The Missoula Parking Commission, created pursuant to Resolution Nos.
2997 and 2998, shall have jurisdiction to impose and enforce its regulations
and exercise its powers as delegated by Title 7, Chapter 14, MCA, and this code
within the jurisdictional boundaries set by City Council and adopted by City
Council resolution. (Ord. 3771, 2025; Ord. 3523, 2014; Ord. 3513,
2013; Ord. 3467, 2011; Ord. 3222, 2003; Ord. 3212, 2002; Ord. 2884 §1, 1994;
Ord. 2862 §1, 1993; Ord. 2512 §1, 1986; Ord. 2314 §1, 1983).
10.22.250 Procedure
for the establishment of a residential onstreet
parking permit regulation program.
A.
Pursuant to the
powers granted to local governments pursuant to Montana state law to regulate
the standing or parking of vehicles on public streets, the city council may,
after holding a public hearing on any residential parking permit proposal,
create pursuant to ordinance areas of the city to be designated as residential
parking permit areas during specified times of the day and week if the city
council finds that the residential area under consideration for such a
designation is experiencing some of the following conditions:
1.
Predominately
residential in character near a nonresidential use that attracts significant
volume motor vehicle commuter traffic;
2.
An area the streets
of which, without motor vehicle regulation, are regularly congested with
hazardous traffic conditions, with vehicles blocking pedestrian crosswalk
areas, driveways and alleys as well as obstructing visibility of pedestrians
and motorists at intersections;
3.
An area in which a
significant number of residential dwelling units structures in the area lack
sufficient off street parking spaces to adequately
serve the motor vehicle parking needs of the residents of many of the
residential dwelling units structures in the residential area who without the
motor vehicle parking regulation may have unreasonable burdens in gaining access
to their residences.
4.
An area where
limiting the parking of vehicles along the public streets in the residential
area to vehicles registered or controlled and exclusively used by persons
residing in the residential area is necessary in order to preserve the safety
of children and other pedestrians, improve traffic safety, reduce hazardous
traffic conditions and better provide adequate motor vehicle parking for
residents of the area as well as improve the peace, good order, comfort,
convenience and welfare of the inhabitants and preserve the character of their
residential district through control and reduction of litter, noise and air
pollution.
B.
Any ordinance
designating an area of the city as a residential permit parking area shall
describe:
1.
The designated public
street area along which parking will be limited to vehicles registered to or
controlled and exclusively used by persons residing in
the area;
2.
Hours of each day and
days of each week that the residential parking permit regulations shall be in
effect;
3.
How the regulation
will primarily be enforced;
4.
The number of street
parking signs to be installed on each side of the street in each block to give
notice to the vehicle motoring public of the existence of a residential parking
permit regulation during certain hours of each day on certain days of the week;
5.
The basis that will
be used to determine the annual cost for purchasing a permit and the date by
which a permit must be renewed each year;
6.
The individuals
eligible to purchase a permit;
7.
Any special provisions or exceptions
applicable to schools, churches, businesses, public park use, etc. within the
residential area; and
8.
Visitor permit or
special gathering provisions for the residential area.
C.
Upon adoption of any
ordinance by the city council designating an area for residential parking permit only, the city public works department shall cause
appropriate signs to be erected along the streets identified in the ordinance
prior to any enforcement of the residential parking permit regulation. The
street signs erected shall give notice of the nature of the parking limitation
and shall indicate the hours and days when such parking limitations shall be in
effect.
(Ord. 3467, 2011; Ord. 2865 §1, 1993; Ord. 2849
§1, 1993; Ord. 2480 §1, 1986).
10.22.260 Limitations on
parking in a residential parking area.
A.
It is unlawful for
any person to stop, stand or park a vehicle on any street identified in an
ordinance adopted by the city council designating an
area a residential parking area during the hours and on the days set forth in
such ordinance, except in the following circumstances:
1.
Those vehicles
displaying a valid permit for the residential parking area; or
2.
An emergency vehicle,
including, but not limited to, an ambulance, fire engine or police vehicle; or
3.
A clearly marked
business vehicle which is under the control of a person providing a service to persons or property located in the designated residential
permit only parking area, including but not limited to a delivery vehicle.
B.
The fine for parking
without a permit in a residential parking area shall be determined by the
number of parking without a permit in a residential parking area violations
against a license plate number within the previous 365 days. Fines shall
escalate as follows:
1.
A ticket for a
violation may be written every four hours. Fines shall not escalate against a
single license plate within a single day.
2.
|
|
Number of
violations in previous 365 days |
||||
|
|
0 |
1 |
2 |
3 |
4 or more |
|
Parking without a
permit in a residential parking area |
$20 |
$40 |
$60 |
$80 |
$100 |
(Ord. 3772, 2025;
Ord. 3467, 2011; Ord. 2480 §2, 1986).
10.22.270 Residential parking
permit application procedure. Applications for residential parking permits
shall be submitted to the city parking commission director on a form prescribed
by the parking commission director and shall be accompanied by proof in a form
satisfactory to the parking commission director of the applicant's place of
residence within the residential parking permit only area, as well as proof of
registration or use and control of each vehicle for which a residential parking
permit is sought. No part of the parking permit fees shall be refundable. The
amount of the fees shall be established at a level that covers the cost of
administration and enforcement of the residential parking permit
only regulations in the residential area. (Ord. 3467, 2011; Ord. 2480
§3, 1986).
10.22.280 Residential parking
permit form and issuance.
A.
Upon approval by the
parking commission director of the application of any person residing in a
residential parking permit only area, a residential parking permit shall be
issued for each vehicle receiving approval. Upon approval by
the parking commission director of the application of any person residing in a
residential parking permit only area for a temporary visitor's permit, a
temporary visitor's permit shall be issued by the parking commission director.
No more than three temporary visitor's parking permits shall be issued for the
same time period for a single residential dwelling
unit.
B.
Each residential
parking permit issued by the parking commission director for a vehicle shall set forth at least the date of issuance and the license
number of the vehicle for which it is issued. Annual permits shall be required.
A permit shall be valid for no longer than the permit year of issuance. The
issuance of a residential parking permit does not serve as a guarantee that
there will always be a parking space available for the permit holder on the
public streets within the designated residential parking permit area.
(Ord. 3467, 2011; Ord. 2480 §4, 1986).
10.22.290 Display of
residential parking permits required.
Residential parking permits shall be displayed on vehicle
in the place and in the manner prescribed by the parking commission director.
It is unlawful to either fail to display or improperly display a residential
parking permit, or to attempt to use a residential parking permit from another
area in a designated residential area. Anyone violating this section shall be
subject to a twenty dollar fine. A ticket for a
violation may be written every four hours. Imprisonment may not be a part of
any penalty imposed for a violation of this section. (Ord. 3467, 2011; Ord.
2693 §5, 1989: Ord. 2480 §5, 1986).
10.22.300 University of
Montana residential onstreet parking
permit regulation program.
A.
The areas designated
pursuant to this chapter as the University of Montana residential onstreet parking permit regulation program are outlined in Exhibit B.
1.
No vehicle other than
emergency vehicles or vehicles providing services to the area or vehicles
having a permit may park on any street in the area between the hours of eight
a.m. and five p.m., Monday through Friday, except for legal holidays.
2.
These regulations
will primarily be enforced by the Missoula parking commission.
3.
The public works
department will post an adequate number of signs per block face that indicate
these restrictions.
4.
The fee for each
residential permit shall be determined by the Parking Commission. Permits shall
be issued for a year beginning July 1st.
5.
The fee for each
guest permit shall be determined by the Parking Commission. Guest permits shall
be issued for a year beginning July 1st. No more than two guest
permits shall be issued to each qualified resident for use by visitor vehicles.
Permit owners allowing for the abuse of a guest permit shall be subject to the
revocation of that guest permit. Such abuse shall be determined at the
discretion of the parking commission director.
6.
The fee for
replacement of mutilated or lost permits shall be determined by the Parking
Commission.
7.
Permits shall be
issued by the director of the Missoula parking
commission. Permits may be issued for motor vehicles only upon application of
the following persons:
a.
A legal resident of
the residential permit parking area who has a motor vehicle or vehicles
registered in their name, or who has a motor vehicle for their exclusive use
and under their control;
b.
Proof of residency
and vehicle ownership shall be demonstrated in a manner to be determined by the
director of the Missoula parking commission.
8.
Nonresidential uses
will be provided with posted time limited parking. The time limits shall be
decided upon by the parking commission director and the nonresidential use
owner.
9.
Employees and
employers who work within the district are eligible to purchase permits, upon
authorization of their employer.
10.
The parking
commission director may issue special guest permits and temporary special
gathering permits at their discretion.
11.
Residential permits
are not transferable and shall become void if the vehicle ownership changes
from the regular permit holder.
12.
The ordinance
codified in this section shall be reviewed by the Missoula parking commission
and city council whenever either entity decides that such a review would be
appropriate. Review of the ordinance codified in this section should consider
the effectiveness of the ordinance, the financial status of the program, and
any revisions to the ordinance.
(Ord. 3523, 2014; Ord. 3513,
2013; Ord. 3467, 2011; Ord. 2865 §2, 1993; Ord. 2849 §2, 1993; Ord. 2806 §1,
1992; Ord. 2693 §6, 1989; Ord. 2505 §1, 1986) .
10.22.310 Private parking
services authorized to issue parking citations.
A.
"Private parking
service" means the service of providing areas for parking motor vehicles,
as defined in MCA 6112102 by the general public for
compensation and includes such services conducted:
1.
On private property;
or
2.
On public property
under contract or agreement with the city municipality.
B.
A private parking
service may enter into an agreement with the city municipal government to
authorize employees of the private parking service to issue citations for
parking violations as defined by state or municipal laws, which occur within
the boundaries of the private parking service's parking areas. All such
citations must be considered with the jurisdiction of the city municipal
government and must be handled in the same manner as citations issued by peace
officers and parking commission and street department employees of the city
municipal government.
C.
Any private parking
service vendor seeking authorization pursuant to an agreement with the city
municipal government to empower the private parking service vendor to issue
parking citations must be in compliance with and
adhere to the following requirements in order to be
eligible to enter into or continue in effect any
agreement empowering the private parking service vendor to issue parking
citations:
1.
The private parking
service vendor shall possess a current city business license issued by the city
municipal government; unless the private parking service
vendor is exempt from city business license requirements as a
result of being a nonprofit entity or earning annual gross receipts as defined as a business in Missoula City Business
Licensing ordinance 5.04.040.
2.
The parking spaces on
the real property on which the private parking service vendor operates its
business shall be in compliance with city zoning
regulations and engineering standards with respect to landscaping and the size
and location of offstreet parking spaces.
3.
The private parking
service employees who actually issue parking citations
must have completed a city parking commission training procedure and course of
instruction pertaining to the issuance of parking tickets prior to issuing any
parking citations.
4.
The private parking
service vendor must agree to provide the city parking commission with a copy of
any parking citation issued within twenty-four hours of its issuance or on the
next city government business day whichever occurs first.
5.
The private parking
service vendor must agree that any employee issuing a parking citation must be
willing to be available to appear in court at no financial cost to the city
municipal government in the event any court proceeding about a parking citation
requires the presence of the private parking service vendor.
6.
The private parking service vendor's authority to issue parking
citations shall be limited to the issuance of parking citations for off-street
parking on the real property that is within the jurisdictional control of the
private parking service vendor.
7.
The private parking
service vendor must agree in writing to hold harmless the city municipal
government and city parking commission for any and all
aspects of the private parking vendor's operations and actions and further must
agree in writing to indemnify the city and city parking commission for any
claims, damages or judgments paid by them that are attributable to the private
parking service vendor.
D.
As authorized by MCA
6112102, a private parking service vendor is allowed to impound a motor vehicle
if such impoundment does not occur by attaching a device to a motor vehicle
that makes the motor vehicle immobile and as long as the private parking service
vendor holds harmless and indemnifies the city municipal government and city
parking commission from any claims, damages or judgments successfully asserted
as a result of impoundment of a motor vehicle by a private parking service
vendor.
The city municipal
government shall at all times have the right to at any
time terminate any agreement entered into or authority
granted pursuant to this section. (Ord. 3467, 2011; Ord. 2635 §1, 1989).
MULTI-SPACE PARKING METER KIOSKS
Sections:
10.24.020 Marking of spaces‑‑Manner of parking.
10.24.040 Citation for violation‑‑Form.
10.24.050 Depositing slugs‑‑Tampering with
multi-space parking meter kiosk.
10.24.060 Disposition of multi-space meter
revenue.
10.24.010 Definitions. Whenever
the following terms are used within any ordinance, resolution or regulation
pertaining to parking enforcement within the Parking Commission’s jurisdiction,
they shall have the meanings respectively ascribed to them in this section:
A.
“Multi-space parking meter kiosk” means an
electronic device placed next to on-street parking spaces or off-street parking
lots and used to purchase time for parking.
B.
"Parking lot" means any area that is
owned, leased by or controlled by a government entity in which the public
citizens are allowed to park motor vehicles.
C.
"Parking meter zones" means portions
of streets or parking lots established by the Parking Commission as zones
within which the parking of vehicles shall be controlled, regulated and
inspected with the aid of timing devices known as multi-space parking meter
kiosks.
D.
"Parking time" means that amount of
time indicated on each multi-space parking meter kiosk beyond which a vehicle
cannot be legally parked.
E.
"Roadway" means portions of a street
between regularly established curb lines.
F.
"Sidewalk" means portions of a street
between the curb lines and the adjacent property lines intended for use by
pedestrians.
G.
"Street" means every way set apart for
public travel except alleyways, bridle paths and foot paths.
H.
"Vehicle" means a conveyance propelled
by motor power. (Ord. 3565, 2016; Ord. 3467, 2011; Ord. 2694 §4, 1989; prior
code §20136).
‑‑Manner of parking – The Public Works Department in coordination
with the city traffic engineer shall place lines or marks on the curb or on the
street to designate the parking space for which the multi-space parking meter
kiosk is to be used, and each vehicle parked shall park within the lines or
markings so established. No person shall park any vehicle in such a way that
the same shall not be within the area so designated by such lines or markings.
(Ord. 3565, 2016; Ord. 3467, 2011; Ord. 2694 §4, 1989; prior code §20136).‑
10.24.030 Unlawful parking. Between the hours of 9:00 a.m. and 5:00 p.m., on all days except
Saturdays, Sundays and legal holidays, it shall be unlawful for a vehicle to be
parked in any space within a row of spaces served by a multi-space parking
meter kiosk, unless time for parking has been purchased at a multi-space
parking meter kiosk or permission to park the vehicle has otherwise been given
by the Missoula Parking Commission..
A.
If the vehicle
remains parked in the parking space beyond the legal parking period which is
designated by the multi-space parking meter kiosk at the time of purchase of
parking time, the vehicle shall be considered as parked overtime and the
parking of a vehicle overtime or the failure to purchase time for parking,
shall be a violation of this chapter and punishable as set forth in Chapter
10.54.
B.
Each time period a vehicle remains parked beyond the purchased
parking time shall constitute a separate offense. (Ord. 3565, 2016; Ord. 3467,
2011; Ord. 2694 §4, 1989; prior code §20136).
10.24.040 Citation for
violation‑‑Form. It shall be the duty of the Parking Commission to enforce and to issue
citations for violations of the provisions of the city's parking meter
violations. Citations issued for violations of parking meter regulations shall
show:
A.
The time at which the
parked vehicle came in violation and the time the ticket was written;
B.
The state and license
number of the vehicle; and
C.
Any other facts, a
knowledge of which is necessary to a thorough understanding of the
circumstances attending such violation; further, it shall be the duty of the
Parking Commission to cause to be attached to any vehicle parked in violation
of this chapter a notice that it has been parked in violation of this chapter
and instruct the owner or operator to report to the Parking Commission in
regard to such violation within thirty days. The citation
shall contain sufficient information to inform the owner of their rights
under 10.22.230. (Ord. 3565, 2016; Ord. 3467, 2011; Ord. 2694 §2, 1989; Ord. 2075 §9,
1979: prior code §20133).
‑T‑ampering with multi-space parking meter kiosk.
A. No person shall deposit or cause to be deposited in any multi-space
parking meter kiosk any slug, device or other substitute for the five cent, ten
cent, twenty-five cent, or one dollar coin and legal tender of the United
States unless the Parking Commission has approved a token to be used in the
multi-space parking meter kiosk.
B. No person shall open,
deface, injure, tamper with or willfully break, destroy or impair the
usefulness of any multi-space parking meter kiosk; or tie, hitch, chain or
otherwise affix any animals thereto or chain or otherwise affix any bicycle
thereto. (Ord. 3565, 2016; Ord. 3467, 2011; Ord. 2694 §4, 1989; prior code
§20136).
10.24.060 Disposition of
multi-space parking meter revenue.
A. The coins or electronic payments either through debit or credit card or
pay-by-phone application or other means required to be deposited in multi-space
parking meter kiosks as provided in this chapter are levied and assessed as
fees to provide for the proper regulation and control of traffic upon the
public streets and to cover the cost of the supervision, inspection,
installation, operation, maintenance, control and use of the parking space and multi-space
parking meter kiosks described in this chapter, and also the cost of
supervision and regulating the parking of vehicles in the multi-space parking
meter zones created by the ordinance codified in this chapter and to be
hereafter created.
B. The Parking Commission Director, or their duly authorized agent, shall
collect from time to time, all coins and electronic payments from all
multi-space parking meter kiosks installed pursuant to this chapter, and place
the same in the appropriate account of the Missoula Parking Commission for as
long as the Parking Commission exists; otherwise, the city shall collect the
coins and electronic payments and deposit it as revenue for the Missoula
Parking Commission. (Ord. 3565, 2016; Ord. 3467, 2011; Ord. 2694 §4,
1989; prior code §20136).
EMERGENCY PARKING RESTRICTIONS
Sections:
10.26.010 Restrictions authorized.
10.26.020 Notice
of restrictions.
10.26.030 Termination of parking
restrictions.
10.26.040 Division to take precedence over
conflicting provisions of law‑‑Exceptions.
10.26.050 Removal, impounding and return of
illegally parked motor vehicles.
10.26.060 Citation of violators‑‑Prima facie evidence
of violation.
10.26.010 Restrictions
authorized.
A. Whenever the mayor determines that parking
motor vehicles on city streets should be prohibited or restricted for street
cleaning, snow plowing, snow removal or other emergency purposes, the mayor
shall put into effect a parking prohibition on designated streets as necessary
by declaring it in a manner prescribed by this chapter. The prohibition or
restriction shall remain in effect until terminated by announcement by the
mayor, in accordance with this chapter, or as may be set forth in any notice
given under this chapter, except, that any street area
which has been cleared of snow, ice or other debris for the length of an entire
block shall be automatically excluded therefrom.
B. While the prohibition or restriction is in
effect, no person shall park any motor vehicle or allow any motor vehicle to
remain parked, on any street to which the prohibition
or restriction applies. (Prior code §20138.1).
10.26.020 Notice of
restrictions.
A. The mayor shall cause each declaration made
by him pursuant to this chapter to be publicly
announced by a means of radio broadcasts or telecasts
from stations with a normal operating range covering the city and he may cause
such declaration to be further announced in newspapers of general circulation
in the city when feasible. Each announcement shall describe the action taken by
the mayor, including the time it became or will become effective, and shall
specify the streets or areas affected. A parking prohibition shall not go into
effect until at least eight hours after notice thereof
has been first announced or the first publication thereof has been made in a
newspaper of general circulation in the city.
B. The mayor shall make or
cause to be made a record of each time and date when any such declaration or
notice is announced or given to the public in accordance with this action.
(Prior code §20138.2).
10.26.030 Termination of
parking restrictions. Whenever the mayor shall
find that some or all of the conditions which give
rise to a parking prohibition in effect pursuant to this chapter no longer
exists, he may declare the prohibition terminated, in whole or in part,
effective immediately upon announcement in the same manner prescribed for
giving notice of the parking prohibition. (Prior code §20138.3).
10.26.040 Division to take
precedence over conflicting provisions of law
‑‑Exceptions. Any
provision of this chapter which becomes effective by declaration of the mayor
shall, while temporarily in effect, take the precedence over other conflicting
provisions of law normally in effect; except, that it shall not take precedence
over provisions of law relating to traffic accidents, emergency travel or
authorized emergency vehicles or emergency traffic directions by a police
officer. (Prior code §20‑138.4).
10.26.050 Removal, impounding
and return of illegally parked motor vehicles. Motor vehicles parked in violation of this
division may be impounded, removed or returned under and pursuant to the
provisions of Section 10.22.210. (Prior code §20138.5).
10.26.060 Citation of
violators
‑Prima‑ facie evidence of violation
A. Whenever any motor vehicle without a driver
is found parked or left in violation of any provision of this chapter, and is
not removed and impounded as provided in Section 10.26.050, the police officer
finding the motor vehicle shall take its registration or license number and any
other information displayed on the vehicle which may identify its users or
owner, and shall conspicuously affix to such motor vehicle a traffic citation,
on a form provided by the police department, for the driver to answer to the
charge against him within the time and at the place provided for in the
citation.
B. In any prosecution with
regard to a vehicle parked or left in a place or in
a condition in violation of any provision of this chapter, the registered owner
of the motor vehicle shall be absolutely liable for
the violation and shall be subject to the penalty therefor.
(Ord. 2315 §2, 1983; prior code §20138.6).
‑‑Penalty. Any
person who shall violate any provision of this chapter shall be guilty of a
misdemeanor and shall be punished by a fine of not less than five dollars nor
more than fifty dollars, by imprisonment in the city jail for not more than
thirty days or by both such fine and imprisonment.
(Prior code §20‑138.7).
GOVERNMENTAL
PARKING LOTS
Sections:
10.28.020 Governmental agency, unit, or other
entity defined.
10.28.030 Application for city enforcement‑‑Generally.
10.28.040 Application for city enforcement‑Requirements for
administrative approval.
10.28.050 Application for city enforcement‑ Presentation to city
council.
10.28.060 Application for city enforcement—City
council approval.
10.28.070 Enforcement of chapter.
10.28.010 Purpose. The city
finds and declares that there is a need to provide a means for the regulation
of
parking in governmental parking lots located in
the city where the means of regulation has not already been provided
by the appropriate governmental unit. (Prior code §2014A2) .
10.28.020 Governmental
agency, unit, or other entity defined.
"Government agency, unit, or other entity" means any agency, unit, or
entity which is provided monetary funding entirely from public taxation sources
at the local, state, or federal level. (Prior code §2014A1).
10.28.030 Application for
city enforcement
‑‑Generally. Any
governmental agency, unit or other entity which owns, leases, or otherwise
controls offstreet parking facilities located within
the city may make application to the city council requesting the city to
enforce parking regulations in such ‑offstreet
parking facilities. The application shall be approved by the city council upon
compliance by the applicant with the remaining sections of this chapter. Such
enforcement may be suspended or terminated for any period of
time that the mayor or a majority of‑ the city council shall
declare that the applicant is not in compliance with the provisions of this
chapter or the applicant agency requests termination of enforcement of this
chapter on its property. (Prior code §14A‑3).
10.28.040 Application
for city enforcement
‑‑Requirements for administrative approval.
A. Prior to the presentation of any application
to the city council, the application must first receive the written approval of
the director of public works, and the chief of police and the parking
commission director. The approval of the director of public works shall be
given providing the application shows that the applicants have complied with
the following requirements with respect to offstreet
parking facility:
1. All offstreet parking space shall be at least nine feet in width and at least
eighteen and onehalf feet in length
exclusive of
access drives or yard area. Such spaces shall have a minimum vertical clearance
of at least eight feet.
2. All off-street parking areas and access drives shall be paved or made of concrete. No such surfaces
shall be permitted between the curb and the
property line except for access drives.
3. Adequate drainage structures shall be provided
within the offstreet parking area to handle surface
water. If a storm drain system does not exist, concrete drainage sumps shall be provided. An estimated quantity of one sump
per
ten
thousand square feet shall be used or a minimum of one. The minimum of one may
be waived by the city engineer
if he
determines that surrounding drainage is adequate.
4.No lighting used to illuminate a parking area or its sign shall face or have its source directly
visible from any residential district and shall not be a nuisance or hazard to
passing traffic.
5. All
traffic control devices, such as parking stripes designating vehicle stalls,
directional arrows or signs, ‑pindown curbs,
curbing and other developments shall be installed and completed as shown on the
approved plan.‑
6. Where
exclusive pedestrian walks are used in the parking lots, they shall be
protected by a physical barrier such as raised or pin-down curbs.
7. All traffic signs shall
conform to the Manual on Uniform Traffic Control Devices.
8. Parking
spaces to be reserved for specific persons, purposes
or vehicles shall be marked with an approved sign
and vehicles using reserved spaces shall visibly
display an approved reserve parking sticker in the driver's side rear
window. Reserve parking
stickers and signing systems for reserved parking shall be approved by the
police chief.
9. Parking spaces with timed
parking restrictions shall have approved parking meters.
B. The approval of the chief of police shall be
given upon certification by the chief of police of the following facts:
1. That there is not presently
existing an adequate and legal means of enforcing offstreet
parking regulations in the applicant's facilities; and
2. That the city police department or requesting agency has adequate personnel and equipment to
enforce such regulations, as are proposed. (Ord. 2695 §1, 1989; prior code
§14A4).
10.28.050 Application for
city enforcement
‑‑Presentation to city council. Upon
approval of the application by the public works director and the chief of
police and the parking commission director, the application may be presented
to the city council for approval. If the public works director or the chief of
police or the parking commission director shall disapprove the application,
the applicant may appeal such disapproval to the city council, whose decision
shall be binding and final. (Ord. 2695 §2, 1989; prior code §14A‑5).
10.28.060 Application for
city enforcement
‑City‑ council approval. Upon approval of the application of the city
council, by resolution, such resolution shall be published in a newspaper of
general circulation in the city once a week for four weeks. Five days after the
completion of the publication, it shall be unlawful for any person to park a
motor vehicle in violation of any posted regulation in an approved governmental
offstreet‑ parking facility. (Prior code §14A‑6).
10.28.070 Enforcement of
chapter. Enforcement of this chapter shall be
accomplished by the issuance of uniform city parking tickets and all city
ordinances of general application to parking offenses shall be applicable,
including the provisions for fines and penalties. (Prior code §14A-7) .
LOADING
AND UNLOADING
Sections:
10.30.020 Loading
zones‑‑Passenger
loading zones‑
Designated.
10.30.030 Signs
to indicate loading zones.
10.30.040 Restrictions
and time limits.
10.30.050 Stopping
or standing.
10.30.060 Stopping
or standing in alleys.
10.30.080 Public
carrier stands.
10.30.010 Repealed. (Ord.
3467, 2011; Prior code §20119).
‑Passenger loading zones‑ ‑‑Designated. The city engineer is authorized to determine and to
designate loading zones and passenger loading zones as follows:
A.
At any place in the
business district, for the purpose of loading and unloading.
B.
Elsewhere in front of
the entrance to any place of business or in front of any hall or place used for
the purpose of public assembly.
(Ord. 3467, 2011; Ord. 1831, 1977; prior code §20120).
10.30.030 Signs to indicate
loading zones. Loading zones and passenger loading zones shall
be indicated with a sign nearby stating the nature of the zone. (Ord. 3467,
2011; Prior code §20121).
10.30.040 Restrictions and
time limits.
A.
Permission granted
under the provisions of this chapter, to stop or stand
a vehicle for purposes of loading or unloading of
materials and shall not extend beyond the time necessary therefore, and in no
event for more than twenty minutes.
B.
Within the total time
limits specified, the provisions of this section shall be enforced so as to accommodate necessary and reasonable loading or
unloading, but without permitting abuse of the privileges granted by this
chapter.
(Ord. 3467, 2011; Prior code §20122).
10.30.050 Stopping or
standing in loading zones. No person shall stop, stand or park a vehicle
in any loading zone for any purpose other than loading or unloading passengers
or material for such time as is permitted by the preceding section. (Ord. 3467,
2011; Prior code §20123).
10.30.060 Stopping or
standing in alleys. No person shall stop, stand or park a vehicle
for any purpose other than the loading or unloading of persons
or materials in any alley. (Ord. 3467, 2011; Prior code §20124).
‑‑Fees.
A.
The following special
uses and charges shall apply within the parking metered district of the city.
All applications shall be through the office of the parking commission and
permits will be issued by the director of the parking commission upon payment of
required fees:
1.
Generally. No curb
loading zone shall be designated or signed by the director of the parking
commission upon request of any person unless such person makes application for
a permit for such zone of signs and pavement markings to indicate same which is
approved by the parking commission.
2.
Taxicab Companies.
Companies owning and operating taxicabs within the city shall be allowed not
more than five stalls or parking meter spaces within the metered zone. The
application shall state the location of the desired zone. Fee shall be
established by the parking commission.
3.
Loading Zones. The
application shall set forth the location desired, number of passenger parking
spaces and business hours during which the zone shall be so used. Fee shall be
established by the parking commission.
4.
Commercial Parking.
Any operators of commercial vehicles providing service
and/or delivery of goods, wares or merchandise, requiring frequent daily
business calls in the metered area, may apply for a commercial permit. The
application shall state the name, address and business of the applicant.
Approval of the application shall be made by the director of the parking
commission, and the fees shall be established by the parking commission:
a.
Permission granted
under the provisions of this chapter to stop or park for purposes of service,
loading or unloading passengers and/or goods, wares or merchandise, shall not
extend beyond the time necessary therefore and in no event longer than two
hours in any one spot, or the limit of the meter where parked.
b.
It remains the right
of the parking commission to revoke any commercial business permits if they are
abused.
c.
Fines will be the
same as for normal meter violations.
5.
Disabled Persons. The
application shall state the nature of the applicant's disability with attached
verification from an attending physician, and upon approval of the director of
the parking commission, and the fee shall be established by the Missoula
parking commission.
B.
All driveways within
the metered district determined by the city engineer to have no use for ingress
and egress purposes shall, upon approval of the city council, be replaced by a
curb or sidewalk.
C.
Fees shall be payable
annually in advance and no permit shall be issued for less than six months.
(Ord. 3467, 2011; Ord. 2696 §1, 1989; Ord. 1832, 1977; Ord. 1838, 1977;
prior code §20125).
10.30.080 Public carrier
stands.
A.
The city engineer is
authorized and required to establish bus stops and taxicab stands for other
passenger commoncarrier
motor vehicles on such public streets in such places and in such manner as they
shall determine to be of the greatest benefit and convenience to the public,
and every bus stop, taxicab or other stand shall be designated by appropriate
signs.
B.
The driver of a bus
or taxicab shall not park upon any street in the central business district at
any place other than at a bus stop or taxicab stand, respectively; except, that
this provision shall not prevent the driver of any such vehicle from temporarily
stopping in accordance with other stopping or parking regulations at any place
for the purpose of and while actually engaged in
loading or unloading passengers.
C.
No person shall stop,
stand or park a vehicle other than a bus in a bus stop or other than a taxicab
in a taxicab stand when any such stop or stand has been officially designated
and appropriately signed; except, that the driver of a passenger vehicle may
temporarily stop therein for the purpose of and while actually engaged in
loading or unloading passengers when such stopping does not interfere with any
bus or taxicab waiting to enter or about to enter the zone.
(Ord. 3467, 2011; Prior code §20126).
TRUCK
ROUTES
Sections:
10.32.020 Application of chapter.
10.32.050 Maps indicating routes.
10.32.010 Definitions. For the purposes of this chapter, the following
words and phrases shall have the meanings
respectively ascribed to them by this
section:
A.
“Deviating truck” means a truck which leaves and
departs from a truck route while traveling inside the city.
B. "Truck" means any vehicle designed
or operated for the transportation of property, and whose body weight or
whose combined body and load weight exceed eight thousand pounds.
C. "Truck route" means a way over
certain streets, as designated
herein, over and along which trucks coming into,
going out of and traveling within the city must operate. (Ord. 2076,
1979; prior code §20148).
10.32.020 Application of
chapter. All trucks within the city shall be operated
only over and along the truck routes established by this article. (Prior code
§20149).
10.32.030 Exceptions. This
article shall not prohibit:
A. The
operation of trucks upon any street where necessary to
the conduct of business at a destination point; provided, that streets upon
which such traffic is permitted are used until reaching the intersection
nearest the destination point.
B. The
operation of emergency vehicles upon any street in the
city.
C. The
operation of trucks owned or operated by the city, public utilities, any
contractor or materialman, while
engaged in
the repair, maintenance or construction of streets, street improvements or
street utilities within the city.
D. The
operation of trucks upon any officially established detour in any case where
such trucks could
lawfully operated upon the street for which such
detour is established.
E. The operation of unloaded trucks upon any street where such trucks are
being driven to the owner's or
operator’s
premises for storage; provided, that streets upon which such traffic is
permitted are used until reaching the intersection nearest the destination
point. (Prior code §20150).
10. 32.
040 Routes established. The
Director or Public Works & Mobility, or their designee,
shall have the authority to establish truck routes within the City. The
following list of routes represents the current truck routes within the city,
but this list may be amended by the Director or their designee at any time by
administrative rule::
Broadway
Street: between the city limits on the east and the city limits on the west;
Brooks
Street (U.S. Highway 93): between Higgins Avenue on the northeast to the city
limits on the southwest;
Cooley
Street: between Russell Street on the west and Bulwer Street on the east;
Cregg
Lane: between Orange Street Bridge on the east and Hickory Street on the west;
Frontage
Road: between North 3rd Street West on the
southeast and North 5th Street West on
the northwest;
Grant
Creek Road: between Reserve Street on the north to the city limits on the
south;
Higgins
Avenue: between Spruce Street on the north and Pattee Canyon Road on the south;
Howard
Raser Avenue: between Grant Creek Road on the east and Reserve Street on the
west;
Johnson
Street: between South 3rd Street West on the north and South Avenue
on the south;
Madison
Street: between East Spruce Street on the north and South 5th Street
East on the south;
Maurice
Avenue: between South 6th Street East on
the south and Madison Street Bridge on the north;
Mount
Avenue: between Brooks Street on the east to Russell
Street on the west;
Mullan
Road: between Broadway Street on the east to the city limits on the west;
North 2nd
Street East: between West Greenough Drive on the east and Ryman Street on the
west;
North 3rd
Street: between Ryman Street on the east and Frontage Road on the west;
North 5th
Street West: between Frontage Road on the east and Worden Avenue on the west;
North
Avenue West: between Russell Street on the east and Johnson Street on the west;
Orange
Street: between Interstate 90 on the north and Stephens Avenue on the west;
Pattee
Canyon Road: between Higgins Avenue on the northwest and the city limits on the
southeast;
Railroad
Street: between Toole Avenue on the west and Orange Street on the east; between
Russell Street on the east and Broadway Street on the west;
Reserve
Street: Interstate 90 on the north to 39th Street on the south;
Rodgers
Street: between Scott Street on the east Cemetery Road on the west; between Cemetery
Road from Rodgers Street on the east to the city limits on the west;
Russell
Street: between 39th Street on the south to Railroad Street on the
north;
Ryman
Street: between North 2nd Street on the south and North 3rd
Street on the north;
Scott
Street: between Broadway Street on the south to
Rodgers Street on the north;
Shakespeare
Street: between Rodgers Street on the south to Coal Mine Road on the north;
South 3rd
Street West: from Higgins Avenue on the east to the city limits on the west;
South 5th
Street East: between Madison Street Bridge on the east and South Higgins Avenue
on the west;
South 5th
Street West: between South Higgins Avenue on the east to Orange Street on the
west;
South 6th
Street East: between South Higgins Avenue on the west and Maurice Avenue on the
east;
South 6th
Street West: between South Higgins Avenue on the east to Orange Street on the
west;
South
Avenue West: between South Higgins Avenue on the east and the city limits on
the west;
South
Fourteenth Street West: between Russell Street on the east and Johnson Street
on the west;
Southwest
Higgins Avenue: between South Higgins Avenue on the east to 39th
Street/Russell Street on the west;
Spruce
Street: between Madison Street on the east and Orange Street on the west;
Stephens
Avenue: between Orange Street on the northeast and South Avenue on the south;
Stockyard
Road: between Reserve Street on the west to Grant Creek Road on the east;
Thirty-ninth
Street: between Southwest Higgins Avenue/Russell Street on the east to the city
limits on the west;
Toole
Avenue: between Broadway Street on the west to Railroad Street on the east;
Turner
Street: between Russell Street on the west and Burlington Northern Railway on
the east;
Turner
Street: between Worden Avenue on the east and Scott Street on the west;
Van Buren
Street: between Broadway Street on the south and Interstate 90 on the north;
Worden
Avenue: between North 5th Street on the south and Turner Street on
the north (Ord. 3762, 2024; Ord. 3013, 1997; Ord. 2608, 1988; Ord. 2351 §l,
1983; prior code §20151).
10.32.050 Maps indicating
routes. The city clerk shall keep and maintain
accurate maps setting out truck routes and streets upon which truck traffic is
permitted; the maps shall be kept on file in the
office of the city clerk and shall be available to the public. (Prior code
§20152).
10.32.060 Weighing in. The
police department shall have the authority to require any person driving, or in
control of any truck, not proceeding over a truck route or street on which
truck traffic is permitted to proceed to any public or private scale available
for the purpose of weighing and determining whether this chapter has been
complied with. (Prior code §20153).
VEHICLE
REMOVAL
Sections:
10.33.010 Vehicle immobilization.
10.33.030 When prior notification is required.
10.33.040 Notification procedure after removal.
10.33.050 State registrar of motor vehicles
notified when.
10.33.070 Removal not deemed bar to filing
complaint.
10.33.080 Hearing‑‑City liability when.
10.33.010 Vehicle immobilization. Parking
commission employees are authorized to use a vehicle immobilizer (“boot”) to
immobilize any vehicle that is parked in violation of any parking ordinance and
has five (5) or more unpaid parking tickets, and the parking commission has
either (a) mailed or placed on the vehicle at least one notice or summons to
the registered owner informing the registered owner that one or more of the
parking tickets are unpaid or (b) has filed a complaint in court charging the
registered owner with unpaid parking tickets on the vehicle and no individual
has appeared for arraignment on the complaint. (Ord. 3762, 2024; Ord. 3467,
2011; Ord. 3096, 1999; Ord. 2167 §1, 1980).
10.33.020 Removal Without
Prior Notification Authorized.
Members of the city police, fire, public
works department, employees of the parking commission as well as County, State
and Federal law enforcement officers are authorized to remove or have towed to
the nearest place of safety, or to either a
commercial or city owned garage or vehicle
storage facility, any motor vehicle, trailer, semitrailer, or house trailer
that is:
A.
Left unattended upon
any bridge, viaduct, street, alley, highway, or publicly owned or leased
parking lot, or in any tunnel or underpass so that it obstructs or hinders the
movement of motor vehicle traffic;
B.
Disabled upon any
bridge, viaduct, street, highway, alley, or publicly owned or leased parking
lot, or in any tunnel or underpass so that it obstructs or hinders the movement
of motor vehicle traffic, and the person or persons operating or in charge of such
vehicle are by reason of physical injury, incapacitation, or for any other
reason unable to provide for its removal;
C.
Parked in violation
of any parking ordinance or regulation and the vehicle has at least five (5)
unpaid parking tickets and the parking commission has either (1) mailed or
placed on the vehicle at least one notice or summons to the registered owner
informing the registered owner that one or more of the parking tickets are
unpaid or (2) has filed a complaint in court charging the registered owner with
unpaid parking tickets on that vehicle and no individual has appeared for
arraignment on the complaint.
D.
Parked in violation of 10.22.070 MMC.
(Ord. 3762, 2024; Ord. 3467, 2011; Ord. 2167 §2, 1980).
10.33.030 When Prior
notification is required.
Members of the city police, fire, and public
works department, employees of the parking commission as well as County, State
and Federal law enforcement officers are authorized to remove or have towed to
the nearest storage facility any motor vehicle, trailer, semitrailer, or house
trailer in the following instances, only after an attempt has been made to
contact the registered owner either by telephone, in person, or placing a
notice on the vehicle prior to actually moving
the vehicle:
A.
Whenever the vehicle
is parked in violation of any parking ordinance or regulation, other than in
those instances specified in Section 10.33.020;
B.
Whenever the vehicle
is parked in violation of any barricade, traffic cone, sign, or other traffic
control device, other than in those instances specified in Section 10.33.020.
(Ord. 3762, 2024; Ord. 3467, 2011; Ord. 2167 §3, 1980).
10.33.040 Notification
procedure after removal. Whenever a city employee or parking commission
employee orders the towing of any motor vehicle under any of the circumstances
specified in this chapter, the employee or the employee's designee shall
immediately attempt to identify and contact the registered owner by telephone
or otherwise as soon as possible after the removal or towing has occurred.
Further, the party towing the vehicle shall immediately notify the radio
dispatcher at the police department and inform the dispatcher that a vehicle
has been towed from a specific location and further give the dispatcher a
detailed description of the vehicle. If the registered owner cannot be
contacted orally or in person the day the vehicle is towed, the city employee
or parking commission employee shall immediately give notice in writing to such
owner of the fact of such removal or towing, the reasons therefore, and the
place to which the vehicle has been removed. The notice shall be duly placed in
the mail. Whenever the vehicle is stored at a commercial garage, a copy of such
notice shall also be given to the proprietor of such garage. (Ord. 3762, 2024; Ord.
3467, 2011; Ord. 2167 §4, 1980).
10.33.050 State registrar of
motor vehicles notified when. Whenever
a vehicle is towed or removed pursuant to this chapter and the city employee or
parking commission employee does not know and is not able to ascertain the name
of the owner, or for any other reason is unable to give notice to the owner as
provided in this chapter, and in the event the vehicle is not returned to the
owner thereof within a period of three business days, then and in that event
the employee shall immediately send, or cause to be sent, a written report of
such removal, by mail, to the state registrar of motor vehicles, and
shall file a copy of such notice with the proprietor of any public garage in
which the vehicle may be stored. Such notice shall include a complete
description of the vehicle, the date, time and place from which it was removed,
the reasons for such removal, and the name of the garage, or place where the
vehicle is stored. (Ord. 3467, 2011; Ord. 2167 §5, 1980).
10.33.060 Cost liability. The cost
of removal and storage of any vehicle moved or towed pursuant to this chapter
shall be paid by the owner or operator of the vehicle unless the Missoula
Municipal Court orders otherwise because the court has determined that the
vehicle was not improperly parked. (Ord. 3467, 2011; Ord. 2167 §6, 1980).
10.33.070 Removal not deemed
bar to filing complaint. The removal, towing, or taking possession of
any vehicle for the violation of any parking ordinance or regulation or for the
violation of any barricade, traffic cone, signs or other traffic control device
shall not prohibit the filing of a complaint in connection with such violation.
(Ord. 3467, 2011; Ord. 2167 §7, 1980).
10.33.080 Hearing ‑‑City liability when. Any owner
or operator of a motor vehicle at their request is entitled to have a speedy
hearing to determine if the vehicle in question was properly parked and thus
improperly towed. The court shall attempt to have a hearing on such matter as
soon as all parties can be present, preferably on the day the towing occurred;
but in no instance shall the hearing be any later than three business days
after the towing has occurred. If it is the court's determination that the vehicle
was properly parked and that the towing was improper, then the court may order
the parking commission or city to bear the costs of removal and storage. (Ord.
3467, 2011; Ord. 2167 §8, 1980).
MOTORCYCLES
Sections:
10.36.010 Noise suppression devices required.
10.36.020 Protective headgear required.
10.36.030 Riding
requirements.
10.36.010 Noise suppression
devices required. All motorcycles operated on the streets, alleys
and public ways of this city shall be equipped at all times
with noise suppression devices, including an exhaust muffler, in good working
order, and in constant operation. (Prior code §20-14.1).
10.36.020 Protective headgear
required. The operator and passenger under eighteen years
of age of any motorcycle operated upon the streets, alleys, and public ways of
this city shall wear protective headgear upon the head. Such headgear shall
meet standards established by the Montana Department of Justice. (Ord. 2098 §1,
1980; prior code §2014.2).
10.36.030 Riding requirements. A person
operating a motorcycle or motor driven cycle shall not ride other than upon the
permanent and regular seat attached thereon, nor shall any other person ride
upon such motorcycle other than upon a firmly attached seat to the rear or side
of operator. (Prior code §2095).
RECREATIONAL
VEHICLES
Sections:
10.38.010 Standards adopted. The city
adopts by reference, in its entirety, all of the
provisions contained in the Standard for Recreational Vehicles, NFPA No. 501C,
1974 edition. (Prior code §20194).
SNOWMOBILES
Sections:
10.40.010 Definitions. For the
purposes of this chapter, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
A. "Operator" means every person who
operates or is in actual physical control of the operation of a snowmobile.
B. "Owner" means every person, other
than a lien holder or other person having a security interest only, holding
record title to a snowmobile and entitled to the use or possession thereof.
C. "Person" means any individual,
partnership, association, corporation and any other body or group of persons, whether incorporated or not, and regardless of the
degree of formal organization.
D. "Snowmobile" means any self-propelled,
track-driven vehicle designed primarily for travel on snow or ice or natural
terrain, which may be steered by wheels, skis or runners and which is not
otherwise registered or licensed under the laws of the state. (Prior code
§20191).
10.40.020 Rules of operation. No
person, owner or operator shall operate a snowmobile upon the streets located
within the city; except, that a snowmobile may
make a direct crossing of a street where such crossing is necessary to get to
another area of operation. Such crossing shall be made at an angle of
approximately ninety degrees to the direction of the
street, at a place where no obstruction prevents a quick and safe crossing. The
snowmobile shall make a complete stop before entering upon
any part of the road, and the operator shall yield the right of way to all
oncoming traffic. (Prior code §20192).
‑‑Penalty. Violation
of this chapter shall be considered a misdemeanor and shall be punished by a
fine of not more than one hundred dollars or imprisonment of not more than
thirty days, or both. (Prior code §20‑193).
BICYCLES
Sections:
10.42.010 Applicability‑‑Unlawful
Acts
10.42.020 Applicability of Traffic Laws to
Bicycles
10.42.030 Obedience to Traffic Control Devices,
Method of Giving Turn Signals
10.42.040 Registration (Repealed)
10.42.060 Lamps, Reflectors, and Bicycle Leg
Lights
10.42.080 Riding on Roadways and bicycle paths.
10.42.090 Riding on sidewalks.
10.42.110 Emerging from alley or driveway.
10.42.130 Clinging to vehicles.
10.42.140 Parking/storage/abandonment of
bicycles.
10.42.160 Electrically Assisted Bicycles and
Electrically Assisted Scooters
10.42.010 Applicability‑‑Unlawful
Acts
10.42.020
Applicability of Traffic Laws to Bicycles
Every person riding a bicycle upon a roadway
shall be granted all of the rights and shall be subject to all of the duties
applicable to the driver of a vehicle by the laws of this state declaring rules
of the road applicable to vehicles or by the traffic ordinances of the city
applicable to the driver of a vehicle, except as to special regulations in this
chapter and except as to those provisions of laws and any ordinances which by
their nature can have no application. (Ord. 3536, 2015; prior code §20-155).
10.42.030
Obedience to Traffic Control Devices, Method of Giving Turn Signals
10.42.040 Registration
- Repealed (Ord.
3536. 2015; Ord. 1909, 1978; prior code §20‑168).
10.42.050 Brake
Requirement
Every bicycle shall be equipped with a brake
which will enable the operator to stop the bicycle within no more than 25 feet
from a speed of 10 miles per hour on dry, level, clean pavement. (Prior code
§20‑166).
10.42.060 Lamps,
Reflectors, and Bicycle Leg Lights
10.42.080 Riding
on Roadways and Bicycle Paths
i. Overtaking or passing another vehicle proceeding
in the same direction;
ii. Preparing for a left turn at an intersection or
into a private road or driveway;
iii. Reasonably necessary to avoid conditions,
including, but not limited to, fixed or moving objects, parked or moving
vehicles, bicycles, pedestrians, animals, surface hazards or lanes that are too
narrow for a bicycle and a motor vehicle to travel safely side by side within
such lanes;
iv. Approaching an intersection where right turns
are permitted and there is a dedicated right turn lane, in which case a
bicyclist may ride on the left-hand side of such a dedicated lane, even if the
bicyclist does not intend to turn right;
v. Riding on a roadway designated for one-way
traffic, when the bicyclist may ride as near to the left-hand curb or edge of
such a roadway as judged safe by the bicyclist; or
A.No person fifteen or more years of age shall
ride a bicycle upon a sidewalk within the central business district as defined
by Chapter 10.46 of the Missoula Municipal Code.
B.No person fifteen or more years of age shall
ride a bicycle upon a sidewalk in any district if traffic control devices state
that bicycles shall not be ridden on the sidewalk at this location.
C. Whenever any person is riding a bicycle upon a
sidewalk or within a crosswalk, such person shall yield the right of way to any
pedestrian and shall give audible signal before overtaking and passing such
pedestrian. (Ord. 3536, 2015; prior code §20‑164).
10.42.100 Speed
No person shall operate a bicycle at a speed
greater than is reasonable and prudent under the conditions then
existing. (Ord. 3536, 2015; prior code §20‑159).
10.42.110
Emerging from Alley or Driveway
The operator of a bicycle emerging from an
alley, driveway or building shall, upon approaching a sidewalk or the sidewalk
area extending across any alleyway, yield the right of way to all pedestrians
approaching on the sidewalk or sidewalk area, and upon entering the roadway
shall yield the right of way to all vehicles approaching on the roadway. (Ord.
3536, 2015; prior code §20‑160).
10.42.120
Carrying Articles
No person operating a bicycle shall carry any
package, bundle or article which prevents the rider from keeping at least one
hand upon the handlebars. (Ord. 3536, 2015; prior code §20‑162).
10.42.130
Clinging to Vehicles
No person riding upon any bicycle shall attach
the bicycle or himself to any vehicle upon a roadway, but a bicycle trailer may
be attached to a bicycle. (Ord. 3536, 2015; prior code §20‑161).
10.42.140
Parking/Storage/Abandonment of Bicycles
A.No person shall park a bicycle upon a street,
other than upon the roadway against the curb, or upon the sidewalk in a rack to
support the bicycle, or against a building or at the curb, in such a manner as
to afford the least obstruction to pedestrian traffic.
B.No person shall park, lock, abandon, or store a
bicycle on City property or within City right-of-way for a period of longer
than 120 hours/five (5) days. Bicycles left after 120 hours/five (5) days will
be presumed abandoned.
C. Missoula Police, Development Services and Parks
& Recreation staff (authorized agents) may tag bicycles that are in
violation of 10.42.140.B with notice that the bicycle will be removed after 120
hours/five (5) days of the notice.
If the bicycle remains, authorized agents shall
remove any bicycle remaining in violation of this Section. Both the Missoula
Police Department and the Bicycle Pedestrian Office shall be notified when a
bicycle is removed pursuant to this section.
Authorized agents shall check the Missoula
Police Department stolen bicycle reports on all bicycles recovered in
accordance with this Section.
If the bicycle is registered with the City of
Missoula, authorized agents shall notify the registered owner that the bicycle
has been removed in accordance with this section.
Any unregistered bicycle recovered by the City
in accordance with this ordinance shall be registered before it is released to
its owner, if the owner operates the bicycle within City limits.
Authorized agents shall hold the bicycle for at
least 60 days. Bicycles remaining unclaimed after a period of 60 days shall be
sold at public auction. (Ord. 3536, 2015; Prior code §20-163).
10.42.150 Rental
Agencies
A rental agency shall not rent or offer any
bicycle for rent unless the bicycle is equipped with the lamps and other
equipment required in this chapter. (Ord. 3536, 2015; Prior code
§20‑172).
10.42.160 Electrically Assisted Bicycles. The City may regulate the use of public
right-of-way by electrically assisted bicycles within the City pursuant to
Montana Code Annotated § 61-12- 101(1). The following regulations apply to the
use of electrically assisted bicycles within the City:
A. Class 1
and Class 2 electrically assisted bicycles may be operated anywhere the City
allows bicycles to be ridden.
B. So long as
the use is reasonable and prudent under the conditions existing at the point of
operation, taking into account the amount and
character of traffic, visibility, weather, and roadway conditions, Class 1 and
Class 2 electrically assisted bicycles may operate within vehicle travel lanes,
designated bikes lanes, sidewalks, and along paved shared use paths unless otherwise prohibited.
C. Class 1
and Class 2 electrically assisted bicycles may be operated on and along a
sidewalk only under human propulsion and may not be operated on or along a sidewalk if the device is under power
from an independent power source.
D. It shall
be unlawful to operate electrically assisted bicycles on sidewalks within the
Central Business District, as defined in Chapter 10.46 of the Missoula
Municipal Code if a traffic control device states that bicycles shall not be
ridden on the sidewalk at that location.
E.
Operation of electrically assisted bicycles
within City of Missoula parks, open spaces, conservation lands, and trails is
governed by Chapter 12.40 of the Missoula Municipal
Code.
(Ord. 3644, 2019; Ord. 3638, 2019; Ord.
3536, 2015; Prior code §20172).
Sections:
10.44.010 Designation and maintenance of
crosswalks and safety zones.
10.44.020 Obedience to trafficcontrol
signals.
10.44.030 Pedestrian control signals.
10.44.040 Rightofway
in crosswalk.
10.44.050 Crossing roadway other than in
crosswalk.
10.44.060 Prohibited crossings.
10.44.070 Pedestrians to use
right half of crosswalk.
10.44.080 Method of walking along roadways.
10.44.090 Drivers to exercise due care towards
pedestrians.
10.44.010 Designation and
maintenance of crosswalks and safety zones. The city
traffic engineer is authorized:
A. To
designate and maintain, by appropriate devices, marks or lines upon the surface
of the roadway, crosswalks at intersections where in his opinion there is particular danger to pedestrians crossing the roadway, and
at such other places as he may deem necessary;
B. To establish safety zones of such kind and
character and at such places as he may deem necessary for the protection of
pedestrians. (Prior code §20139).
10.44.020 Obedience to
traffic control signals. Pedestrians shall be subject to traffic control
signals as heretofore declared in this title but at all other places
pedestrians shall be granted those rights and be subject to the restrictions
stated in this chapter. (Prior code §20140).
10.44.030 Pedestrian control
signals. The meanings of pedestrian signal indications
shall apply as follows:
A. Pedestrians facing a "Don't Walk"
or "Wait" indication, steadily illuminated, shall not enter the
roadway in the direction of the indication.
B. Pedestrians facing a "Don't Walk"
or "Wait" indication, while flashing shall not start to cross the
roadway in the direction of the indication, but any pedestrian who has partly
completed his crossing during a "Walk" indication shall proceed to a
sidewalk or safety zone.
C. A pedestrian
facing a "Walk" indication may proceed across the roadway in the
direction of the indication and shall be given the rightofway by drivers of all vehicles.
D. Where
pedestrian control signals are functioning at the same location as traffic control
signals, pedestrians shall obey the pedestrian control signal indications.
(Prior code §20141).
10.44.040 Rightofway in crosswalk.
A. When
traffic control signals by which traffic is alternately directed to stop and to
proceed are not in place or not in operation and a pedestrian has entered the
roadway within any marked crosswalk, or within any unmarked crosswalk at an
intersection, the driver of a vehicle shall yield the right of way to a
pedestrian crossing the roadway by stopping. Once the pedestrian has entered
the roadway, the privilege of the right-ofway belongs
to the pedestrian.
B. No pedestrian
shall suddenly leave a curb or other place of safety and walk or run into the
path of a vehicle which is so close that it is impossible for the driver to
yield.
C. Whenever any
vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an
intersection to permit a pedestrian to cross the roadway, the driver of any
other vehicle approaching from the rear shall not
overtake and pass such vehicle. (Prior code §20142).
10.44.050 Crossing roadway
other than in crosswalk.
A. Every pedestrian crossing a roadway at any
point other than within a marked crosswalk or within an unmarked crosswalk at
an intersection shall yield the rightofway
to all vehicles upon the roadway.
B. The foregoing rules in this section have no
application under conditions stated in Section 10.44.060 when
pedestrians are prohibited from crossing at certain designated places.
(Prior code §20143).
10.44.060 Prohibited
crossings.
A. Between adjacent intersections at which
traffic control signals are in operation, pedestrians shall
not cross at any place except in a crosswalk.
B. No pedestrian shall cross a roadway other than in a crosswalk in the central business district. (Prior
code §20144).
10.44.070 Pedestrians to use right half of crosswalk. Pedestrians shall move, whenever practicable,
upon the right half of the crosswalk. (Prior code §20145).
10.44.080 Method of walking
along roadways.
A. Where sidewalks are provided it shall be
unlawful for any pedestrian to walk along and upon an adjacent roadway.
B. Where sidewalks are not provided, any
pedestrian walking along and upon a highway shall, when practicable, walk only
on the left side of the roadway or its shoulder facing traffic which may
approach from the opposite direction
C. No person shall stand in
a roadway for the purpose of soliciting a ride from the driver of any vehicle.
D. No person shall walk upon or along the
highway while under the influence of intoxicating liquor. (Prior code §20146).
10.44.090 Drivers to exercise
due care towards pedestrians. Notwithstanding the foregoing provisions of
this chapter, every driver of a vehicle shall exercise due care to avoid
colliding with any pedestrian upon any roadway and shall give warning by
sounding the horn when necessary and shall exercise proper precaution upon
observing any child or any confused or incapacitated person upon a
roadway. (Prior code §20147).
STREET AND
DISTRICT DESIGNATION
Sections:
10.46.010 Designation
of residential streets.
10.46.020 Central business district‑‑Established‑Description.
10.46.030 Central business district‑‑Vehicle operation
regulations.
10.46.040 Oneway
streets designated.
10.46.050 Stop street designated.
10.46.060 Vehicles entering through or stop
intersections.
10.46.070 Play streets‑‑Establishment
authority.
10.46.080 Play streets‑‑Driving on.
10.46.010 Designation of
residential streets. The mayor, with the approval of the city
council, is authorized to designate streets within the limits of the city as
residential streets, which designation shall be accomplished by erecting and
maintaining signs limiting the gross vehicle weight of vehicles operated upon
such streets. The signs required by this section shall be erected at each end
of that portion of any street designated as residential. (Prior code §2018).
10.46.020 Central business
district‑‑Established‑Description. There is
established a central business district, and the boundaries of the central
business district shall be as follows:
Beginning at a point of intersection of the
north bank of the Clark Fork River with the centerline of the Orange Street
Bridge; thence northeasterly along the approach to the Orange Street Bridge to
a point of intersection with the centerline of Orange Street; thence
northeasterly along the centerline of Orange Street to a point of intersection
with the southerly rightofway line of the Burlington
Northern Railroad; thence southeasterly along the southerly rightofway
to a point of intersection with the centerline of Washington Street; thence
southwesterly along the centerline of Washington Street to a point of
intersection with the centerline of E. Main Street; thence southeasterly along
the centerline of E. Main Street to a point of intersection with the centerline
of Washington Street between E. Front and E. Main Streets; thence southwesterly
along said centerline of Washington Street to a point of intersection with the
centerline of E. Front Street; thence southeasterly along the centerline of E.
Front Street to a point of intersection with the northerly projected west
property line of Kiwanis Park; thence S 10° 0' W along said projected west
property line to the northwest corner of Kiwanis Park and Front Street; thence
S 10° 0' W a distance of 110.0 feet to a point; thence N 80° 0' W a distance of
30.0 feet to a point; thence S 10° 0' W a distance of 80.0 feet to a point;
thence N 80° 0' W a distance of 48.0 feet to a point; thence S 11° 06' W a
distance of 60 feet to a point; thence N 79° 43' W a distance of 215.2 feet to
a point; thence S 10° 27' W a distance of 227.1 feet to a point; thence S 84°
31' E a distance of 90.0 feet to a point; thence S 12° 0' W a distance of 223.2
feet to a point; thence south to a point of intersection with the north bank of
the Clark Fork River; thence northwesterly along the north bank of the
Clark Fork River to the point of beginning at the intersection of the west rightofway line of Pattee Street; thence north along the
west rightofway line of Pattee Street to the
southeast corner of Block 10, Original Townsite and the north boundary line of
the Island Park parking lot; thence in a northwesterly direction along the
north boundary line of the Island Park parking lot to a point 25 feet south of
the southeast corner of Lot 9, Block 56, McCormick Addition; thence south along
the southerly projected east property line of Lot 9 to a point of intersection
with the north bank of the Clark Fork River; thence southeasterly along the
north bank of the Clark Fork River to the point of beginning. (Prior code
§2020).
10.46.030 Central business
district‑Vehicle‑ operation regulations.
A. Subject to
change as provided in this chapter, within the central business district as
defined in Section 10.46.020, all vehicles entering the north and south alleys
shall enter from the north and emerge from the south; all vehicles entering
east and west alleys located east of Higgins Avenue shall enter from the west
and emerge from the east; all vehicles entering east and west alleys located
west of Higgins Avenue shall enter from the east and emerge from the west.
B. If all the
owners of real property abutting an alley within the central business district
shall file a petition at the office of the city engineer requesting that the
direction of vehicular traffic in the alley be changed, and if the city traffic
engineer shall find that such a change of direction would improve traffic
conditions and would be in the public interest, he may make a regulation
ordering the change of direction of vehicular traffic. He shall present a copy
of the regulation to the city council at its regular meeting next succeeding the effective date of such regulation, and such
change shall remain in full force and effect until the regulation ordering such
change is withdrawn by him or by a majority vote of the city council.
C. All
such alleys shall be entered by a righthand turn only. (Prior code §2021).
10.46.040 One-way streets
designated. The
following streets within the City are designated as one-way streets:
A. Alley between South Fifth West
1. The alley
between South Fifth Street West and South Sixth Street West, from Cottonwood to
South Orange Street is designated as a one-way alley,
and that all vehicles entering the alley shall enter from the west, and emerge from the east.
2. The alley between South Fifth West and South Sixth West from Myrtle to
Hazel Streets is designated as a one-way alley, and all vehicles entering the
alley shall enter from the west and emerge from the east.
B. Arthur Avenue. Arthur Avenue is designated a
one-way street for southbound traffic between South Fifth Street on the north
and South Sixth Street on the south.
C. East Front Street. East Front Street is
designated a one-way street for eastbound traffic between Higgins Avenue and
Madison Avenue.
D. West Front Street. West Front Street is
designated a one-way street for eastbound traffic between Orange Street and
Ryman Street.
E. Main Street. Main Street is designated a one-way
street for westbound traffic between Madison Street and Orange Street.
F. Maurice Avenue. Maurice Avenue is designated a
one-way street for northbound traffic between South Sixth Street on the south
and South Fifth Street on the north.
G. North
Second Street West. The 200 and 300 blocks of North Second Street West between
Urlin Avenue and Ryman Avenue are designated as a one-way street for eastbound
traffic.
H. South
Fifth Street. South Fifth Street is designated a one-way street for westbound
traffic between Russell Street on the west and Maurice Avenue on the east.
I. South
Sixth Street. South Sixth Street is designated a one-way street for eastbound
traffic between Russell Street on the west and Van Buren Street on the east.
J. Alley
between West Broadway and West Pine Street. The alley between West Broadway and
West Pine Street, from North Orange Street to Woody Street
is designated as a one-way alley, and all vehicles entering the alley shall
enter from the west and emerge from the east.
K. Van Buren
Street. Van Buren Street is designated a one-way street for northbound traffic
between South Fifth West and South Sixth West.
L. Parson’s
Drive. Parson’s Drive is designated a one-way street for southbound traffic
from Front Street on the north to Hartman Street on the south.
M.
Ronan Street. Ronan Street is designated a
one-way street for southbound traffic between South Russell Street
on the North and South Twelfth Street on the
South. (Ord. 3078, 1998; Ord. 3077, 1998; Ord. 2348 §1,1984; Ord. 2113, 1980;
Ord. 2000, 1979; prior code §20176).
10.46.050 Stop street
designated. South Fifth Street in the city is designated as
a stop street and all vehicles, before entering such street from the west
boundary line of Arthur Avenue to the east boundary line of South Higgins
Avenue and from the west boundary line of South Higgins Avenue to the east
boundary line of Orange Street and from the west boundary line of Orange Street
west to the city limits, shall come to a complete stop and shall yield the rightofway to all vehicles traveling east or west on South
Fifth Street prior to entering upon or crossing over South Fifth Street. (Prior
code §20175).
10.46.060 Vehicles entering
through or stop intersections.
A. The driver of a vehicle shall stop at the
entrance to a through street and shall yield the rightofway
to other vehicles which have entered the intersection from the through street,
or which are approaching so closely on the through street as to constitute an
immediate hazard, but drivers having so
yielded may proceed and the drivers of all other vehicles approaching the
intersection on the through street shall yield the rightofway
to the vehicle so proceeding into or across the through street.
B. Every driver of a vehicle shall
bring his vehicle to a full stop before entering any stop street or highway or
intersection properly designated and posted as such by the city manager, or
before entering upon any grade crossing of any railroad, which grade crossing
has been designated as a stop crossing. (Prior code §20174).
10.46.070 Play streets‑Establishment‑ authority. The city
traffic engineer shall have authority to declare any
street or part thereof a play street and to place appropriate signs or devices
in the roadway indicating and helping to protect the same. (Prior code §20‑9).
10.46.080 Play streets‑Driving‑ on. Whenever
authorized signs are erected indicating any street or part thereof as a play
street, no person shall drive a vehicle upon any such street or portion thereof
except drivers of vehicles having business or whose residences are within the
closed area, and then any driver shall exercise the greatest care in driving
upon any such street or portion thereof. (Prior code §20‑10).
Sections:
10.48.010 Vehicle endgates
in place.
10.48.020 Windshield wiper requirements.
10.48.030 Excess fumes or smoke.
10.48.040 Vehicle size and weight regulations‑‑Generally.
10.48.050 Vehicle size and weight regulations—On
residential streets.
10.48.010 Vehicle endgates in place. No person
shall drive a vehicle upon the streets or alleys of the city with the endgate or rear doors of the vehicle
open, extended or not in place, unless a red flag shall be securely fastened in
a conspicuous position at the extreme end of such endgate
or door, and in no event shall such endgate or door
be permitted to swing free. (Prior code §2012).
10.48.020 Windshield wiper
requirements.
A. The windshield on every motor vehicle shall be
equipped with a device for clearing rain, snow or other moisture from the
windshield, which device shall be so constructed as to be controlled or
operated by the driver of the vehicle.
B. Every windshield wiper upon a motor vehicle shall be maintained in
good working order. (Prior code §2014).
10.48.030 Access fumes or
smoke.
A. The engine and power mechanism of every motor
vehicle shall be so equipped and adjusted as to prevent the escape of excessive
fumes or smoke.
B. Every motor vehicle shall at
all times be equipped with a muffler in good working order and in
constant operation to prevent excessive or unusual noise and annoying smoke,
and no person shall use a muffler, cutout, bypass, or similar device upon a
motor vehicle on a city street or highway.
C. No person shall intentionally remove, alter or
otherwise render inoperative, exhaust emission control, crankcase ventilation
or any other air pollution control device which has been installed as a
requirement of federal law or regulation.
D. No person shall operate a motor vehicle originally equipped with air
pollution control devices as required by federal law or regulation unless such
devices are in place and in operating condition.
E. No motor vehicle shall emit or cause to be
emitted into the atmosphere for a period greater that five consecutive seconds
from any fourcycle gasolinepowered vehicle whatsoever
any visible air contaminant except condensed water vapor.
F. It shall be unlawful for anyone to place leaded
fuel in the gasoline tank of a motor vehicle designed and manufactured to use
unleaded gasoline to operate its motor vehicle engine. (Ord. 2444 §1, 1985;
prior code §2015).
10.48.040 Vehicle size and
weight regulations‑‑Generally. No person
shall drive or move, nor shall the owner cause or knowingly permit to be driven
or moved, on any street or highway within the city any vehicle or vehicles of a size or weight exceeding the limitations
provided in MCA Sections 61‑10‑101‑‑61‑10‑110, 61‑10‑121‑‑61‑10‑128
and 61‑10‑141‑‑61‑10‑148.
(Prior code §20‑16).
10.48.050 Vehicle size and
weight regulations‑On‑ residential streets. No person
shall drive or move, or the owner cause or knowingly permit to be driven or
moved, on any street within the limits of the city which has not been
designated as a truck route any vehicle or vehicles exceeding a gross vehicle
weight of eight thousand pounds; provided, however, that trucks or other
commercial vehicles carrying passengers, goods, merchandise and other articles
to and from premises abutting a designated residential street may use such
street for the purpose of local pickups and deliveries. (Prior code §20‑17).
(Ord.
3646, 2019; Prior code §2017.1).
STREET
CLEANING REGULATIONS
Sections:
10.50.010 Street cleaning districts‑‑Generally.
10.50.020 Street cleaning districts‑‑Designated.
10.50.030 Street cleaning districts‑‑Exceptions.
10.50.040 Absolute liability for penalty on
registered owner.
10.50.010 Street cleaning
districts‑‑Generally. The city
shall be divided into four street cleaning districts. During the designated
cleaning period within each designated district, all parking shall be on the
odd side of the street (by house number) on odd days of the calendar month and
on the even side of the street (by house number) on even days of the calendar
month, unless otherwise posted with signs. The regulations shall be in effect
from 8:00 a.m. until 4:30 p.m. Monday through Friday of each calendar week.
(Ord. 3467, 2011; Ord. 2029 (part), 1979; Ord. 1970 (part), 1978).
10.50.020 Street cleaning
districts‑‑Designated. The street cleaning districts and the applicable cleaning period for
each district shall be as follows:
A.
District One shall
include the area within the city limits which is north of the Clark Fork River.
Parking regulations set forth in this chapter shall be applicable to District
One from the first day through the seventh day of each calendar month.
B.
District Two shall
include the following described area within the city limits: An area bounded on
the north by the Clark Fork River; and bounded on the west by the west rightofway of South Higgins Avenue, south from the Higgins
Avenue Bridge to the intersection of Brooks and Higgins; then southwesterly
down the west rightofway of Brooks Street to the
intersection of Brooks Street and South Avenue; then east down the north rightofway of South Avenue to the city limits on the east;
then north along the city limits line to the Clark Fork River. Parking
regulations set forth in this chapter shall be applicable in District Two from
the eighth day of each calendar month through the fourteenth day of each
calendar month.
C.
District Three shall
include the following described area within the city limits: An area bounded on
the North by the Clark Fork River; and bounded on the east by the west rightofway of Higgins Avenue, south from the Higgins Avenue
bridge to the intersection of Brooks and Higgins, then southwesterly down the
west rightofway of Brooks Street to the intersection
of Brooks Street and South Avenue; then westerly down the north rightofway of South Avenue to the city limits; then north
following the city limits line to the Clark Fork River. The parking regulations
set forth in this chapter shall be applicable in District Three from the
fifteenth day of each calendar month through the twenty first day of each
calendar month.
D.
District Four shall
include the area within the city limits that is south of the north rightofway of South Avenue. The parking regulations set
forth in this chapter shall be applicable in District Four from the twentysecond day of each calendar month through the twentyeighth day of each calendar month.
(Ord. 3467, 2011; Ord. 2029 (part), 1979; Ord. 1970 (part) , 1978) .
10.50.030 Street cleaning
districts‑‑Exceptions. Because
of heavy parking demand within certain street cleaning districts, the above
parking regulations will not apply for the entire seven day
period. In such areas, individual streets will be signed to prohibit parking
for designated periods of time. (Ord. 3467, 2011; Ord. 2029 (part), 1979; Ord.
1970 (part), 1978) .
10.50.040 Absolute liability
for penalty on registered owner. In any prosecution charging a violation of this
chapter, the person in whose name the vehicle is registered shall be absolutely liable for such violation and shall be subject to
the penalty therefore. (Ord. 3467, 2011; Ord. 2315 §7,
1983; Ord. 2029(part), 1979; Ord. 1970(part), 1978).
A.
Any person who shall violate any provision of this chapter shall be
guilty of a misdemeanor and may be subject to towing at owner's expense. The
vehicle may be towed when authorized by the superintendent of the street
division or their designee.
B.
Any vehicle towed
shall be taken to the nearest garage or other place of safety or to a garage
designated or maintained by the city and the cost of the removal and storage
shall be paid by the owner or operator of the vehicle so moved.
(Ord. 3467, 2011; Ord. 2085 §1, 1979; Ord. 2029(part), 1978; Ord. 1970
(part), 1978).
RAILROADS
Sections:
10.52.010 Railroad‑‑Speed limits.
10.52.020 Railroad‑‑Crossing signals.
10.52.030 Railroad‑‑Flagmen at crossings.
10.52.010 Railroad ‑‑Speed limits. It is
unlawful for any person or any railroad company or corporation, or any person
in their employ to propel or cause to be moved or propelled, any railroad car,
cars, engine or train by means of steam or other power, at a crossing with any
street or highway within the city at a rate of speed exceeding thirty miles per
hour, or elsewhere within the city at a rate of speed exceeding fortyfive‑ miles per hour. (Prior code §2121‑)
.
10.52.020 Railroad ‑‑Crossing signals. It is the duty
of the engineer or other person in charge of any locomotive
engine, on approaching a crossing with any
street or highway, to ring a bell to warn all persons of the approach of such
locomotive engine, and he shall continue to ring the bell until such locomotive
engine and train of cars attached thereto, shall have cleared the crossing.
(Prior code §2122) .
10.52.030 Railroad ‑‑Flagmen at crossings. Any
railroad company operating lines within the city shall be required to keep
flagmen at such crossings as may be designated by the city council from time to
time, whose duty it shall be to warn people of the approach of engines or
trains by the waving of a red flag so as to fully
protect the public as to their persons and property. (Prior code §21‑23).
VIOLATIONS‑‑PENALTIES
Sections:
10.54.020 Release from arrest on notice to appearExceptions.
10.54.030 Failure to obey traffic citations‑‑Misdemeanor.
10.54.040 Forms and notices of arrest for
appearance.
10.54.050 Parking violation notice‑‑Issuance.
10.54.060 Parking violation notice‑‑Summons issuance.
10.54.070 Parking violation notice‑‑Prima facie
presumption‑‑Exception.
10.54.080 Parking violation notice‑‑When complaint to be
issued.
10.54.090 Traffic fines and forfeitures
deposited in general fund.
10.54.110 Penalties‑‑Generally.
10.54.120 Penalties‑‑Pedestrian violations.
10.54.140 Penalties‑‑Parking violations.
10.54.150 Penalties—Transitional Provision
10.54.010 Definitions. For the purpose of this chapter, the following words shall have the meanings respectively
ascribed to them by this section:
A.
“Abandoned"
means to relinquish all claim to and dominion over the property mentioned.
B.
“Impounded"
means to take into custody.
(Ord. 3467, 2011; Prior code §20177).
10.54.020 Release from arrest
on notice to appear
‑Exceptions.
A.
Whenever any person
is arrested for any violation of this chapter, except those mentioned in
paragraph B of this section, they may be released, in
the discretion of the arresting officer, on giving their promise to appear as
specified in a written notice to be prepared by the officer. The notice shall
contain the name, address and operator's license number of the person arrested
and the registration number of the motor vehicle involved, shall state the
offense charged, and shall require the person to answer to the charge during
hours and at a place specified in the notice.
B.
The provisions of
paragraph A of this section shall not apply to any person arrested and charged
with an offense causing or contributing to an accident resulting in injury or
death to any person, or to any person charged with recklessly driving, or to any
person charged with driving while under the influence of intoxicating liquor or
narcotic drugs, or to any person whom the arresting officer shall have good
cause to believe has committed any felony, and if the arresting officer has
reason to believe the person arrested will not answer the citation, the
arresting officer shall take the person to the police station to be booked.
(Ord. 3467, 2011;
Prior code §20179).
10.54.030 Failure to obey
traffic citations
‑‑Misdemeanor. Any person
who fails to appear in court or at the traffic violations bureau in compliance
with the directions contained in any traffic citation given to them by a police
officer for any traffic violation is guilty of a misdemeanor regardless of the
disposition of the charge for which such person was given the traffic citation.
(Ord. 3467, 2011; Prior code §20180) .
10.54.040 Forms and notices
of arrest for appearance.
A.
The police department shall provide suitable
numbered forms for notifying a violator to appear and answer
to charges of violating traffic laws and ordinances.
B.
The chief of police or their representative
shall have access to the necessary records of the police department and the
city court.
(Ord. 3467, 2011; Prior code §20=181).
10.54.050 Parking violation
notice
‑‑Issuance. Whenever
any motor vehicle without a driver is found parked or stopped in violation of
any of the restrictions imposed by ordinance of this city or by state law, the
authorized personnel finding the vehicle shall take its registration number and
may take any other information displayed on the vehicle which may identify its
user, and shall conspicuously affix to the vehicle a notice of parking
violation in writing on a form provided by the chief of police or parking
commission, for the driver to answer to the charge against them during the
hours and at a place specified in the notice. The officer shall send a copy to
the court or to the parking commission office, depending upon the nature of the
offense and which department is issuing the violation.
(Ord. 3467, 2011; Ord. 2697 §1, 1989; Ord. 2075 §11, 1979; prior code §20‑182).
10.54.060 Parking violation
notice
‑S‑ummons
issuance. If a violator of the restrictions on stopping,
standing or parking under the traffic laws or ordinances does not appear in
response to a notice of parking violation affixed to the motor vehicle within a
period of fourteen days, and the violation has not already been filed in
court, the parking commission shall send to the owner of the motor vehicle to
whom the notice was affixed a letter or summons informing them of the violation
and warning them that, in the event the letter is disregarded for a period of
five calendar days, a complaint will be filed in court and a warrant of arrest
issued. (Ord. 3467, 2011; Ord. 2697 §2, 1989: Ord. 2075 §12, 1979; prior code
§20‑183).
10.54.070 Parking violation
notice
‑‑Prima facie presumption ‑‑Exception.
A.
In any prosecution
charging a violation of any law or regulation governing the standing or parking
of a vehicle, the person in whose name the vehicle is registered shall be absolutely liable for such violation and shall be subject to
the penalty therefore.
B.
Whenever evidence
shows that the vehicle has been reported as stolen at the time in question or
was not parked illegally, or that they were not the registered owner of the
vehicle at the time of the alleged violation, that person is absolved of
responsibility for the particular offense.
(Ord. 3467, 2011; Ord. 2315 §3, 1983: Ord. 2075 §13, 1979; prior code
§20184).
10.54.080 Parking violation
notice
‑‑When complaint to be issued. In the
event any person fails to comply with a notice given to such person or attached
to a vehicle or fails to make appearance pursuant to a summons directing an
appearance in the traffic court, or if any person fails or refuses to deposit
bail as required and within the time permitted by ordinance, the traffic
violations bureau shall forthwith have a complaint entered against such person
and secure and issue a warrant for their arrest. (Ord. 3467, 2011; Prior code
§20-185) .
10.54.090 Traffic fines and
forfeitures deposited in general fund. All fines and forfeitures of bail of any person charged with a violation
of any of the provisions of this title shall be paid into the city treasury and
deposited in the general fund, to be expended to defray the expense of proper
regulation of traffic upon the streets of the city. (Ord.
3467, 2011; Prior code §20186).
‑‑Generally. Every driver of a motor vehicle who is convicted of any violation set
out below shall be punished as set out in this chapter, subject to the maximum
provisions of Section 10.04.050:
A.
For speeding, minimum
fine shall be six dollars for each mile in excess of
speed limit up to twenty miles. For each mile thereafter, the minimum fine
shall be ten dollars per mile. Maximum fine shall be fifteen dollars per mile
for each mile in excess of the speed limit.
B.
For driving in a
reckless manner, the minimum fine shall be one hundred seventy-five dollars for
the first offense; for each subsequent offense, the minimum fine shall be two
hundred dollars.
C.
For driving in a
careless manner, the minimum fine shall be one hundred dollars; for subsequent
offense, the minimum fine shall be one hundred twenty-five dollars.
D.
For failure to yield rightofway, the minimum fine shall be seventy dollars; for
each subsequent offense, the minimum fine shall be one hundred dollars.
E.
For failure to stop
at a stop sign, the minimum fine shall be fifty dollars. For failure to stop at
a stop sign within a school zone, the minimum fine shall be one hundred
dollars.
F.
For leaving the scene
of an accident, the minimum fine shall be one hundred dollars.
G.
For failure to give
proper signal, the minimum fine shall be seventy dollars.
H.
For making an
improper turn, the minimum fine shall be seventy dollars; for an improper turn
which results in an accident, the minimum fine shall be one hundred dollars.
I.
For improper passing,
the minimum fine shall be seventy dollars; for improper passing which results
in an accident, the minimum fine shall be one hundred dollars.
J.
For failure to stop
for a traffic signal, the minimum fine shall be fifty dollars.
K.
For vehicle having an improper license plate or no license
plates, the minimum fine shall be twenty-five dollars
L.
For a vehicle
obstructing traffic, the minimum fine shall be thirty dollars.
M.
For following a fire
truck or any other emergency vehicle, the minimum fine shall be thirty-five
dollars.
N.
For driving across a
fire hose, the minimum fine shall be thirty-five dollars.
O.
For improper or
illegal equipment on a vehicle, the minimum fine shall be thirty dollars.
(Ord. 3467, 2011; Ord. 3255 §1, 2004; prior code §20-178).
10.54.120 Penalties ‑Pedestrian‑ violations. For any
pedestrian convicted of any violation of this chapter, the minimum fine shall
be five dollars and the maximum fine shall be ten dollars. (Ord. 3467, 2011;
Ord. 2315 §4, 1983; prior code §20-188) .
10.54.130 Repealed. (Ord. 3467, 2011; Ord. 3096, 1999; Ord. 2315 §5, 1983; Ord. 2302 §1,
1983: Ord. 2075 §14(A), 1979; prior code §20‑189).
10.54.140 Penalties ‑‑Parking violations.
For
any person found in violation of Meter Violations, Overtime Violations, Improper
Parking Violations or Disabled Parking Violations, the fines shall be as
follows:
1. The fine for Meter Violations and Overtime
Violations shall be determined by the number of Meter Violations or Overtime
Violations against a license plate number within the previous 180 days. Fines
shall escalate as follows:
a. Notwithstanding Section 10.54.140 (A) (1) (b),
fines shall not escalate against a single license plate within a single day.
b.
|
|
Number of violations in previous 180 days |
||||
|
|
0 |
1 |
2 |
3 |
4 or more |
|
Meter Violation |
$0 |
$10 |
$20 |
$30 |
$40 |
|
Overtime Violation |
$0 |
$10 |
$20 |
$30 |
$40 |
2.
The fine for Improper Parking Violations shall
be determined by the number of Improper Parking Violations against a license
plate number within the previous 365 days. Fines shall escalate as follows:
a.
Notwithstanding Section 10.54.140(A)(2)(b),
fines shall not escalate against a single license plate within a single day.
b.
|
|
Number of
violations in previous 365 days |
||||
|
|
0 |
1 |
2 |
3 |
4 or more |
|
Improper Parking
Violations |
$20 |
$40 |
$60 |
$80 |
$100 |
3.
Disabled Parking Violations on public or private
property. As provided by Montana state law governing disabled parking,
violations are penalized as follows:
a. For the
first violation, one hundred fifty dollars ($150.00).
b. For the
second violation, two hundred fifty dollars ($250.00).
c. For the
third and subsequent violations, five hundred dollars ($500.00)
d. A person
who violates MCA § 49-4-302(2) or (3) may not be fined if within 3 business
days the person produces a disability parking permit that was previously issued
to the person and that was valid at the time of the parking violation.
(Ord.
3776, 2025; Ord. 3772, 2025; Ord. 3467, 2011; Ord. 3096, 1999; Ord. 2697
§3,1989; Ord. 2574 §1, 1987; Ord. 2315 §6, 1983; Ord. 2075 §14 (B) ‑(E),‑ 1975; prior code §20190‑).
‑Transitional‑ Provision. The Parking Commission may implement the fine
structure outlined in Section 10.54.140 on a date at its discretion no later
than January 1, 2012. Prior to the implementation date of Section 10.54.140,
any person pleading guilty to or convicted of a Meter Violation shall be fined
two dollars ($2.00) or an Overtime violation shall be fined five dollars
($5.00). (Ord. 3467, 2011)
REFUSAL TO SUBMIT TO BREATH OR BLOOD ALCOHOL AND/OR DRUG TEST
10.56.020 Unlawful to refuse to submit to a
breath or blood alcohol and/or drug test
10.56.010 Purpose and Intent. Any
person operating or in actual physical control of a motor vehicle while under
the influence of alcohol and/or drugs creates a significant risk to public
safety, health and general welfare. To help secure public safety, health and
general welfare for all persons, the City of Missoula
adopts this chapter in an effort to deter persons from engaging in this dangerous activity. This
chapter is adopted pursuant to Mont. Code Ann. § 61-12-101 which grants
authority and powers to local authorities to regulate the operation of motor
vehicles by a person while under the influence of alcohol and/or drugs. This
chapter is also adopted pursuant to other provisions of Montana State law
allowing municipal governments to regulate traffic upon streets such as Mont.
Code Ann. §§ 7-14-4102 and 7-14-4103 as well as pursuant to the exercise of the
City of Missoula’s self-government powers granted by the City of Missoula
Charter. (Ord. 3430 §1, 2010)
10.56.020 Unlawful to refuse to submit to a
breath or blood alcohol and/or drug test. It is
unlawful and constitutes a misdemeanor offense for any person operating or in
actual physical control of a motor vehicle suspected of doing so under the
influence of alcohol and/or drugs to refuse to submit to one or more breath or
blood alcohol and/or drug tests to detect alcohol and/or drugs requested and
designated by any peace officer as defined by Montana State law. Prior to
charging a person with a violation of this section a peace officer must inform
the person requested to take the designated test that refusing the breath or
blood alcohol and/or drug test is a misdemeanor offense under Missoula
Municipal Code and identify the penalties associated with the offense. If any
arrested person refuses to submit to one or more breath or blood alcohol and/or
drug test requested and designated by a peace officer as provided for pursuant
to Montana state law, the refused test may not be given. However, the person
refusing to submit to any such requested breath or blood alcohol and/or drug
test may be charged with a misdemeanor offense pursuant to this section. (Ord.
3430 §2, 2010)
10.56.030 Penalties. The penalties for a violation of this chapter
are established pursuant to this section. Incarceration is not a penalty for a
violation of this chapter. A person convicted under this chapter shall be
subject to a fine of $500.00, no portion of which may be suspended, waived or
deferred by the court. (Ord. 3430 §3, 2010)
Golf Carts
Sections:
10.58.010 Definitions
10.58.020 Golf carts generally prohibited
10.58.030 Golf carts permitted by resolution
10.58.040 Violation‑‑Penalty
10.58.010 Definitions. For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to them by this
section:
10.58.020 Golf carts generally prohibited.
Pursuant
to MCA 61-8-391, a person may not operate a golf cart on a public street or
highway open to the public unless the operation is specifically authorized by
the Missoula City Council pursuant to the process and procedure established in
this chapter. (Ord. 3545, 2015)
10.58.030 Golf carts permitted by exemption
Golf carts may be specifically authorized in limited areas on
public streets and highways within the City:
a. At least
one and not more than two headlamps;
b. At least
one tail lamp;
c. At least
one reflector;
d. Stop
lamps;
e. A horn;
and
f. A mirror
that reflects to the driver a view of the highway;
Section 4
10.58.040 Violation
‑‑Penalty. Violation
of this chapter shall be considered a misdemeanor and shall be punished by a
fine of not more than five hundred dollars. Incarceration
shall not be a penalty for violating this chapter. (Ord. 3545, 2015)