A.   Adopted: Title 49, Idaho motor vehicle code, as it now exists or may hereafter be modified or amended is hereby adopted as an ordinance of the city. (Ord. 467, 5-7-2002)

B.   Penalties: Penalties provided for and the application of title 49, Idaho Code, when enforced as an ordinance of the city shall be as follows:

   1.   Violation Enforced As City Ordinance: The penalties for a violation of any provision of title 49, Idaho Code, when enforced as an ordinance of the city as herein provided shall be the lesser of the penalty provided in title 49, but not to exceed the general penalties for violations of city ordinances. Offenses designated by title 49 to be infractions shall be enforced under this ordinance as infractions both as to procedure and penalty.

   2.   Ordinances Regulating Specific Conduct: The adoption of ordinances regulating specific conduct also regulated by title 49, Idaho Code, will supersede the general adoption of title 49 by this chapter.

   3.   Application: Nothing in the adoption of title 49 as an ordinance of the city will limit the application of title 49 as a state law of general application within the city. City officials may exercise their authority to enforce the conduct regulated by title 49 either as a law of the state of Idaho or as an ordinance of the city. When a provision of title 49 is enforced as an ordinance of the city, it will be referenced by both ordinance number and the appropriate section of title 49, Idaho Code. (Ord. 468, 7-2-2002)

A.   Stopping, Standing Or Parking Prohibited; No Signs Required:

   1.   It shall be unlawful for any person to 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:

      a.   On a sidewalk;

      b.   In front of a public or private driveway;

      c.   Within an intersection;

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

      e.   On a crosswalk;

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

      g.   Within thirty feet (30') upon the approach to any flashing beacon, stop sign, or traffic control signal;

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

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

      j.   Within twenty feet (20') 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 (75') of said entrance when properly signposted;

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

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

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

      n.   At any place where official signs prohibit stopping;

      o.   On theater property between the street or alley and the theater exits.

   2.   It shall be unlawful for any person to move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful. (1959 Code § 10-2-11)

B.   All Night Parking And Parking During Specific Emergencies Prohibited:

   1.   All Night Parking Prohibited: It shall be unlawful for any person to park a vehicle within the business district for a period of time longer than one hour between the hours of two o'clock (2:00) A.M. and five o'clock (5:00) A.M., of any day. (1959 Code § 10-2-11; amd. 2003 Code)

   2.   Business District: "Business district" means North Main Street, Main Street, South Main Street and all streets in Bonnerport Addition, first addition to Bonnerport Addition and Riverside Addition.

   3.   Snow Removal And Street Repair: During time of snow removal and street construction and repair, the city, through its street department, may give six (6) hour public notice to remove all vehicles from specific streets or from all streets. Such notice may be given by leaving a written notice on each residence adjacent to the affected street or streets, or by announcement through one or more media having general coverage of the geographic area of the city.

   4.   Removal Of Vehicles: After the lapse of six (6) hours after the giving of such notice, then the city shall have the right to remove or cause to be removed any vehicle on the affected street or streets, and the party removing such vehicle shall have a possessory lien thereon for cost of such removal. (1959 Code § 10-2-11)

C.   Parking In A Fire Lane Prohibited: It shall be unlawful for any person to 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 fire lane or other emergency vehicle access which is designated with erected signage or indicated by paint upon the asphalt, within the prohibited parking area. Any violation of this section shall be an infraction punishable by a one hundred dollar ($100.00) fine. (Ord. 543, 10-21-2014)

A.   Standing In Freight Curb Loading Zone: It shall be unlawful for any person to stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pick up and loading of materials in any place marked as a freight curb loading zone during hours when the provisions applicable to such zones are in effect. In no case shall the stop for loading or unloading of materials exceed thirty (30) minutes.

B.   City Council Regulations: Notwithstanding any other provision of this chapter, the city council, by resolution, may at any time establish parking spaces with parking time limits as established in the resolution and which may be for times either more or less than three (3) minutes. (1959 Code § 10-2-12; amd. 2003 Code)

A.   Application Of Section: The provisions of this section prohibiting the standing or parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control devices.

B.   Regulations Not Exclusive: The provisions of this section imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times.

C.   City Council Regulations: By resolution, the council shall, from time to time, establish parking limitations, restrictions and time limits on given areas along the street not exceeding one hundred feet (100') in length. Such resolution shall be based upon a recommendation from the chief of police that such limitations and restrictions are necessary due to hazardous conditions, traffic congestion, public convenience or public welfare. Adoption of this chapter ratifies the prior acts of the chief of police under subsection B of this section, the council having examined the locations of such existing signs limiting and restricting standing, stopping or parking. (1959 Code § 10-2-13; amd. 2003 Code)

"Human powered" or "propelled, wheeled vehicles" are any device designed or used to transport or to be ridden by human beings where the source of power to propel it is by the physical pushing, pulling, or peddling by a human being, or a vehicle that is propelled by gravity without the aid of power produced by electricity, internal combustion engine or other mechanical source of propulsion. (Ord. 468, 7-2-2002)

It shall be unlawful and punishable as an infraction for any person to operate, ride or otherwise use any human powered or propelled, wheeled vehicle or device in an area where such is prohibited upon a public right of way or upon private property open for public use when posted as provided herein. Excepted from this chapter is any vehicle or device primarily designed and used for the purpose of compensating for a physical disability of the operator, or a device designed for adults to transport children. (Ord. 468, 7-2-2002)

A.   Power To Designate: Upon recommendation by the chief of police or the traffic safety committee, the council shall designate such areas and adopt such restrictions as they determine appropriate for the application of this chapter which they deem necessary and appropriate to protect the health and safety of persons and property.

B.   Signs:

   1.   Posting: The areas so designated shall be marked by signs at the end of such portion of any street or pedestrianway where the use of such vehicle is prohibited and/or restricted.

   2.   Specifications: The signs shall be rectangular in shape and the size of the sign and the lettering thereon shall not be smaller than that used to designate restrictions upon parking and, where appropriate, may be of standard size used for highway traffic control. (Ord. 468, 7-2-2002)

For this chapter to be applicable to private property open to public use, the owner must post at each entrance signs meeting the same specifications as those used by the city, excepting that they will additionally designate that they have been posted by the owner. (Ord. 468, 7-2-2002)

This chapter shall be known and may be cited as the ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE MOTOR VEHICLE ORDINANCE. (1959 Code § 6-8-1)

For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

   CITY: The city of Bonners Ferry.

   DIRECTOR OF TRAFFIC: The chief of police.

   JUNKED MOTOR VEHICLE: Any "motor vehicle", as defined herein, which does not have lawfully affixed thereto both an unexpired license plate or plates, and the condition of which is wrecked, dismantled, partially dismantled, inoperative, abandoned or discarded.

   MOTOR VEHICLE: Any vehicle which is self-propelled and designed to travel along the ground and shall include, but not be limited to, automobiles, buses, motorbikes, motorcycles, motorscooters, trucks, tractors, go-carts, golf carts, campers, and trailers.

   PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind.

   PRIVATE PROPERTY: Any real property within the city which is privately owned and which is not "public property" as defined in this section.

   PUBLIC PROPERTY: Any street or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purpose of vehicular travel, and shall also mean any other publicly owned property or facility. (1959 Code § 6-8-2; amd. 2003 Code)

A.   Prohibited: No person shall park, store, leave, or permit the parking, storing, or leaving of any motor vehicle of any kind which is in an abandoned, wrecked, dismantled, inoperative, rusted, junked, or partially dismantled condition whether attended or not, upon any public or private property within the city for a period of time in excess of seventy two (72) hours.

B.   Declared Nuisance: The presence of an abandoned, wrecked, dismantled, inoperative, rusted, junked or partially dismantled vehicle or parts thereof, on private or public property is hereby declared a public nuisance which may be abated as such in accordance with the provisions of this chapter.

C.   Exception: This section shall not apply to any vehicle enclosed within a building on private property or to any vehicle held in connection with a business enterprise, lawfully licensed by the city and properly operated in the appropriate business zone, pursuant to the zoning laws of the city, or to any motor vehicle in operable condition specifically adopted or designed for operation on drag strips or raceways, or any vehicle retained by the owner for antique collection purposes. (1959 Code § 6-8-3)

The procedures established in chapter 18, title 49, Idaho Code, for notification, hearing, removal, and sale or disposition of abandoned vehicles shall be applicable to unlicensed, dismantled motor vehicles or motor vehicle parts stored, parked or situated upon public or private property in violation of any ordinance of the city. The poststorage hearing required by Idaho Code section 49-1805 shall be conducted by the mayor, or if unavailable, president of council or such person as the mayor or president of council shall designate who shall meet the qualifications of Idaho Code section 49-1803(2)(d). (Ord. 467, 5-7-2002)

Upon proper notice and opportunity to be heard, the owner of the abandoned, wrecked, dismantled, or inoperative vehicle and the owner or occupant of the private property on which the same is located, either or all of them, shall be responsible for its removal. In the event of removal and disposition by the city, the owner, or occupant of the private property where same is located, shall be liable for the expenses incurred. (1959 Code § 6-8-5)

Upon the failure of the owner or occupant of property on which abandoned vehicles have been removed by the city to pay the unrecovered expenses incurred by the city in such removal, a lien shall be placed upon the property for the amount of such expenses. (1959 Code § 6-8-16)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of not more than three hundred dollars ($300.00). Each act in violation of any of the provisions hereof shall be deemed a separate offense. (1959 Code § 6-8-17; amd. 2003 Code)