The provisions of this chapter shall be known as PARKING REGULATIONS. The purpose of these regulations is to provide minimum standards for parking of vehicles within the city of Dalton Gardens.

   A.   To require off street parking;

   B.   To specify minimum requirements of parking and loading for uses indicated in this title;

   C.   To reduce traffic congestion;

   D.   To reduce pollution and dust and to increase the safety of lots requiring them to meet the standards required in this chapter. (Ord. 206, 4-1-2010; amd. Ord. 272, 9-14-2021)

   A.   Except in emergency situations, or at the direction of a police officer or traffic control device, no person shall park a vehicle in any of the following places:

      1.   On a sidewalk;

      2.   In front of a public or private driveway;

      3.   Within an intersection; or within thirty feet (30') of an intersection;

      4.   On a crosswalk;

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

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

      7.   At any place where official signs prohibit stopping;

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

      9.   Within thirty feet (30') of any flashing signal, stop sign, yield sign or traffic control signal located at the side of a street;

      10.   Within twenty feet (20') of the driveway entrance to any fire station.

      11.   Within any city-owned right of way at any time there is measurable snow on the ground.

   B.   No person shall drive, operate or park a motorized vehicle upon any officially marked bicycle lane, bicycle path, footpath or other separate right of way specifically set aside for use by pedestrians or nonmotorized vehicles except at an intersection or when entering or leaving a roadway at a driveway, private road or alley. This section shall not apply to authorized emergency vehicles meeting the conditions specified in title 49 of the Idaho Code, or authorized maintenance and construction vehicles while actually engaged in work upon a roadway or nonmotorized right of way.

   C.   No person shall move a vehicle not lawfully under his control into any such prohibited area.

   D.   No vehicle shall be parked at the same location on any public street in the city continuously for more than twenty four (24) hours.

   E.   No vehicle shall be parked upon the private property of another without the consent of the owner of such property, and the designated law enforcement officer or official designated by the city is hereby authorized to remove said vehicle therefrom and cause the same to be stored; provided, the owner of said private property has first complained against the owner or operator of such vehicle. (Ord. 206, 4-1-2010; amd. Ord. 272, 9-14-2021)

The Kootenai County sheriff or other official designated by the city is authorized to indicate temporary zones where vehicles shall not be parked when, in the opinion of the Kootenai County sheriff or other official designated by the city, it is necessary to prevent temporarily the parking of vehicles on any street or portion of such street. The Kootenai County sheriff or other official designated by the city may do so either by placing appropriate signs or placing barricades or officers at such places. It is unlawful for any person to park any vehicle at such time and at such designated places. The Kootenai County sheriff or other official designated by the city is authorized to remove such illegally parked vehicles and the owner thereof shall pay the cost of such removal. (Ord. 206, 4-1-2010)

   A.   Parking a vehicle, on public or private property open to the public, in a space reserved for the disabled, which space is marked in conformance with the requirements specified in the Idaho Code section 49-213, or any subsequent Idaho Code section which specifies the manner of marking or signing disabled parking, is prohibited, unless a vehicle is momentarily in the space for the purpose of allowing a disabled person to enter or leave the vehicle, or unless a special license plate, card, or temporary card for the disabled as prescribed in Idaho Code section 49-410, or any subsequent Idaho Code sections which provide for the issuance of a special license plate, card, or temporary card for a person with a disability, is displayed on the vehicle. The registered owner of a vehicle parked in violation of the provisions of this section is guilty of an infraction.

   B.   Law enforcement officials or officials designated by the city are empowered to enter upon private property open to the public to enforce the provisions of this section. (Ord. 206, 4-1-2010)

Off street parking and loading areas conforming to the provisions of this chapter shall be provided in commercial zones when a building is constructed, enlarged or undergoes a change of use. (Ord. 206, 4-1-2010; amd. Ord. 272, 9-14-2021)

   A.   Off street parking shall be provided on the commercial lot and under the same ownership as the use it serves, except that two (2) or more uses may share a parking area where:

      1.   The total number of spaces provided is not less than the sum of the parking spaces required for all buildings or uses served, and

      2.   A contract providing for shared parking is executed before approval of a permit and recorded before the issuance of an occupancy permit.

   B.   Required off street parking spaces for commercial or industrial uses shall be within five hundred feet (500') of a main entrance of the building or use being served. (Ord. 206, 4-1-2010)

   A.   When Required; Contents: When a building is constructed, erected or enlarged, when the capacity of a building or structure is increased, or when the use of the building or structure is changed a detailed written report and drawing shall be submitted to and approved by the city. The written report and drawing shall contain the following information:

      1.   The proposed use of the land and/or structures;

      2.   A proposed plan for handling any parking or traffic flow problems that may be generated by this use. The proposed use shall not cause congestion of adjacent streets or alleyways;

      3.   Consideration for snow storage or removal must be determined; and

      4.   Compliance with title 4, chapter 3 of this code (stormwater management).

   B.   Standards: The drawing shall be professionally prepared, drawn to appropriate scale and shall show all parking spaces and their dimensions, access aisles, and entrances and exits to the site. The parking plan drawing may be combined with the plan required under title 4, chapter 3 of this code (stormwater management). Parking provided shall conform to the following standards:

      1.   Each required off street parking space shall have access to a public street, alley or private driveway;

      2.   Disabled parking shall be installed in accordance with the standards of Idaho Code 49-213, and Americans with disabilities act of 1990, as amended;

      3.   The snow storage area shall drain to, but shall not be located on, the site of stormwater treatment area (grass swales);

      4.   All parking areas shall be surfaced and maintained with asphalt or concrete;

      5.   No parking spaces shall be located in the clear sight area immediately adjacent to an exit to a public right of way as determined by the Planning Administrator;

      6.   Service drives shall be designed and constructed to facilitate the flow of traffic, provide maximum safety for traffic ingress and egress, and provide maximum safety for pedestrian and vehicular traffic on site;

      7.   All parking areas will have specific points designated as ingress or egress areas. Driveways with a one-way access in and out of the parking lot shall be at least twelve feet (12') wide. Driveways with a two-way access in and out of the parking lot shall be at least twenty feet (20') wide. No access point from a parking area to any street shall be within twenty feet (20') of a local street intersection or alley. No access point shall be within forty feet (40') of an intersection with a collector street or sixty feet (60') of an intersection with an arterial street. The distance from an access driveway to an intersection is measured from the junction of the corner lot lines at the intersection, to the nearest side of the driveway. The parking area shall be planned so that vehicles leaving the parking area and entering a public right of way shall have the opportunity to exit in a forward direction;

      8.   All parking lot approaches shall conform to the most current standards provided in the highway standards for the associated highway districts, Kootenai County, Idaho, or the jurisdiction that owns the right of way; and

      9.   Parking facilities shall be used for vehicle parking only. No permanent automobile sales, equipment or machinery sales are allowed in parking facilities nor shall they be used for storage of any type, repair work or vehicle dismantling. (Ord. 206, 4-1-2010; amd. Ord. 272, 9-14-2021)

Loading areas shall be provided for all commercial and industrial buildings and uses. A larger area may be required in any case where approval of a special use permit is involved.

   A.   On the same premises with every building hereafter erected which contains more than fifteen thousand (15,000) square feet and which is designed to be occupied by any use requiring regular receipt or dispatch of merchandise by truck, there shall be provided and maintained at least one loading area, not less than thirty feet (30') in length, ten feet (10') in width, and fourteen feet (14') in vertical clearance, exclusive of access platform and maneuvering area.

   B.   No vehicle parked in a required off street loading area shall extend into a public right of way. (Ord. 206, 4-1-2010)

The minimum number of parking spaces to be provided under this chapter shall be as follows:

Auto or equipment repair. Three (3) spaces for every repair or cleaning bay, plus one space for every employee on the largest shift.

Civic, religious and community uses. One space for every four (4) seats or one space for every four hundred (400) square feet of gross floor area, whichever is greater. Public schools require two (2) spaces for each classroom and one space for every five (5) students.

Ministorage. No off street parking required; however, driveways between ministorage buildings on the same site and between ministorage buildings and any property line shall be paved and have a minimum width of twenty four feet (24').

Professional office. One parking space for every three hundred thirty (330) square feet of gross floor area.

Retail sales and services. One parking space for every three hundred thirty (330) square feet of gross floor area.

Restaurants, taverns and lounges. One parking space for every two hundred fifty (250) square feet of gross floor area.

Storage. One parking space for every one thousand (1,000) square feet of gross floor area.

Vehicular storage. One space for every employee on the largest shift plus one space for every vehicle stored.

Wholesale, manufacturing and assembly. One parking space for every five hundred (500) square feet of gross floor area is required.

For other, unlisted uses, the Planning Administrator shall determine the number of spaces based on the most similar use. (Ord. 206, 4-1-2010; amd. Ord. 272, 9-14-2021)

The sizes of off street parking spaces are:

   A.   Off street parking spaces, other than parallel and compact spaces, shall be a minimum of ten feet (10') wide and twenty feet (20') deep;

   B.   Compact parking spaces shall be a minimum of eight feet (8') wide and fifteen feet (15') deep;

   C.   Parking spaces located parallel to and adjoining private driveways shall be a minimum of eight feet (8') wide and twenty three feet (23') deep;

   D.   For unenclosed parking spaces, the sides of which abut a building, fence, landscaping or other obstruction, add two feet (2') to the width of the parking space, for perpendicular (0 degree) parking spaces, add one foot (1') to the width of angle parking spaces;

   E.   Compact parking spaces shall be limited to twenty five percent (25%) of the total required spaces. (Ord. 206, 4-1-2010; amd. Ord. 272, 9-14-2021)

The city may, upon application by the owner or lessee of any property, authorize the shared use of parking facilities. "Shared use parking" is defined as the sharing of parking spaces by adjacent, nonconflicting land uses at different periods of the day under the conditions specified herein. If different uses within a development share parking, the city may reduce the total amount of required spaces by up to twenty percent (20%).

   A.   Up to fifty percent (50%) of the parking facilities required for a use considered to be primarily a daytime use may be provided by the parking facilities of a use considered to be primarily a nighttime use or vice versa, provided, that the shared parking area shall be subject to any and all conditions set forth by the city.

   B.   The applicant shall demonstrate to the satisfaction of the city that there is no substantial conflict in the principal operating hours of the buildings or uses for which the shared use of the parking facility is proposed.

   C.   Parties jointly using off street parking facilities, as provided for herein, shall execute a legal easement regarding their shared use agreement. The agreement shall run with the land and not be terminable without authorization being given by the city council, based upon changed conditions.

   D.   Changes of use shall require reevaluation of shared use parking. Any subsequent change in land uses within a mixed use development will require proof that sufficient parking will be available. (Ord. 206, 4-1-2010)

Any person violating any of the traffic or parking provisions set out in this chapter shall have committed an infraction unless other penalty is provided by state law, and, upon being found to have violated a provision of this chapter, shall be penalized as allowed by state law. (Ord. 206, 4-1-2010)

   A.   Any person violating any of the parking provisions set out in this chapter shall be assessed charges as delineated in parking fines resolution as adopted by the Dalton Gardens city council.

   B.   Any police or sheriff's officer or other person(s) designated by the city observing any of the foregoing violations may issue a ticket describing such violation, and the charge assessed for the violation to the persons committing the violation. The ticket shall be payable to the city clerk within ten (10) days of the violation. Failure to pay the civil assessment set forth on the parking ticket shall result in further action being taken by the city as set forth in subsection C of this section.

For violations of Idaho Code 49-659, 49-660 or 49-661 officers may complete the uniform citation with as much information as is available, sign the citation as served and place the defendant's copy conspicuously on the offending vehicle. This service will be the same as if the officer signed the citation and personally delivered it to the registered owner.

   C.   Failure To Pay Civil Penalty For Parking Violation:

      1.   In the event any person fails or refuses to pay the civil penalty assessed for a parking violation, the city shall take such action as is necessary for collection of the civil assessment.

      2.   Collection actions may include, but are not limited to, initiating collection procedures via a debt collection service and filing a civil lawsuit for collection of the unpaid penalty(ies). Provided, further, the city shall be entitled to all fees, costs, and attorney fees incurred in the collection of such fees and, upon entry of judgment, the city shall have each, every, and all rights of enforcement of a judgment as provided by Idaho Code. (Ord. 206, 4-1-2010)

   A.   In any prosecution against the registered owner of a motor vehicle charging a violation of any regulation governing the standing or parking of a vehicle under any ordinance of the city, proof that the particular vehicle described in the complaint was parked in violation of any such ordinance, together with proof that the defendant named in the complaint was, at the time of parking, the registered owner of the vehicle, shall constitute prima facie evidence that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred. For the purposes of this subsection, proof that a person is the registered owner of a vehicle is not prima facie evidence that the registered owner has violated any other provision of law. Proof of a written lease or of a rental agreement for a particular vehicle described in the complaint on the date and time of the violation, which lease or rental agreement includes the name and address of the person to whom the vehicle is leased or rented, shall rebut the prima facie evidence that the registered owner was the person who parked or placed the vehicle at the time and place where the violations occurred.

   B.   In any prosecution against the lessee or renter of a motor vehicle charging a violation of any regulation governing the standing or parking of a vehicle under any ordinance of the city, proof that the particular vehicle described in the complaint was parked in violation of any provision of the ordinance, together with proof that the defendant named in the complaint was, at the time of parking, the lessee or renter of the vehicle, shall constitute prima facie evidence that the lessee or renter of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred. For the purposes of this subsection, proof that a person is the lessee or renter of a vehicle is not prima facie evidence that the lessee or renter has violated any other provision of this law.

   C.   Any charge under such ordinance shall be dismissed when the person charged has made a bona fide sale or transfer of the vehicle, has delivered possession thereof to the purchaser, and has complied with the requirements of chapter 4, title 49 of the Idaho Code prior to the date of the alleged violation and has advised the court of the name and address of the purchaser and the date of the sale. (Ord. 206, 4-1-2010)

The Kootenai County sheriff's department or, to the extent permitted by law, other person(s) designated by the city are authorized, in their discretion, to remove and impound at such place as may be designated by the Kootenai County sheriff's department any vehicle found abandoned or parked in violation of any provision of this code. (Ord. 206, 4-1-2010)

All costs and expenses of taking and keeping any such vehicle, including the costs and expenses of towing, keeping and storing, shall be paid by the owner of such vehicle and shall constitute a lien in favor of the city upon and against such vehicle. (Ord. 206, 4-1-2010)