700:35

City Code: 700:35

CHAPTER VII.





TRAFFIC REGULATIONS

Section 700 - General Parking Regulations


Section 700:35. Unclassified Violations.

Subd. 1. No person shall operate a vehicle on a public highway, street, parking lot, alley or other public property in such manner as to cause the tires to squeal, the gears to grind, or the motor to backfire, except when an emergency creates the necessity for such operation.

Subd. 2. No person shall drive a vehicle on a public highway, street, parking lot, alley or other public property at irregular or erratic and changing speeds or in such a manner as to cause said motor vehicle to skid or slide upon acceleration or stopping or in a manner that simulates a temporary race, or that causes the vehicle to turn abruptly or sway, except when an emergency creates the necessity for such operation.

Subd. 3. No person shall loiter on top of, against, or upon an outside portion of any vehicle parked on any public highway, street, parking lot, alley or other public property without the consent or permission of the owner or operator thereof, nor shall he loiter in such places in a manner likely to endanger himself or to impede the free flow of traffic.

Subd. 4. Except in a real emergency, during an authorized public parade, or when making lawful signals, no person shall drive or ride in a motor vehicle on any public highway, street, alley, parking lot or other public place (a) with any part of his person extending outside the window, or (b) while sitting, reclining or being in or on any portion of a motor vehicle not normally occupied by the driver or passengers, or (c) while standing or being above normal sitting position in an open convertible motor vehicle.

Section 700:40. Traffic Control Signs. The Engineer shall cause to be placed traffic control signs and markers on such streets, alleys, avenues, highways and other public ways as the Council may, by motion, from time to time direct. The Engineer is further empowered to cause to be placed temporary signs or markers on or adjacent to streets, alleys, avenues, highways and other public ways as he may deem necessary or expedient to regulate, warn or guide traffic in emergency cases, or where public safety would be thereby preserved.

Section 700:45. Compliance with Signs. No person who operates or controls any vehicle, or in whose name any vehicle is registered, shall cause, allow, permit or suffer such vehicle to be upon any street, avenue, alley or public parking lot, where parking zones are established, contrary to or for a longer period of time than is indicated by the markings or signs erected in or adjacent to such street, avenue, alley or public parking lot, as are now or may hereafter be ordered by the Council or posted by the Engineer in emergencies as authorized in Section 700:35.

Section 700:50. Notice of Violation.

Subd. 1. Whenever any motor vehicle is found parked in violation of any of the parking restrictions of this ordinance, a police officer, parking control attendant or community service officer finding it shall affix conspicuously to such vehicle or serve upon the person operating same, a written notice. Such notice shall be made out on duplicate form and shall indicate thereon the time and place of such violation, make of vehicle and any other information that may be necessary to a thorough understanding of the circumstances attending such violation. Such notices shall consist of an envelope which shall have printed thereon that the vehicle has been parked in violation of this ordinance, and instructions to the owner or operator to report to the Police Department in regard to said violation or to insert in an envelope used as a traffic violation ticket, the sum of money in the amount duly established by the Council from time to time, in a parking violation fee box or mailed to the Police Department.

Subd. 2. Persons who have received notices as provided in this section may, within the time specified in such notices, answer at the Police Department the charges set forth in said notice, or in lieu thereof, shall place such sum of money in said envelope and deposit same as provided in this ordinance, which acts shall constitute a payment of said parking fee, and waiver of notice of hearing thereon, and the acceptance thereby by the Police Department shall be deemed complete satisfaction for the violation.

Subd. 3. It shall be the duty of the Police Department to keep account of the violations of this ordinance, and make such reports thereon as the Council may require.

Section 700:55. Penalty.

Subd. 1. It is a petty offense for any person to do any act forbidden or fail to perform any act required by Sections 700:00 et seq. of this Code.

Subd. 2. A person charged with a petty offense shall not be entitled to a jury trial but shall be tried by a judge without a jury. If convicted he shall be punished by a fine of not more than $200.00.

Subd. 3. Any person violating parking restrictions contained in this ordinance may fully satisfy such violation by inserting in the envelope used as a parking violation fee ticket, such sum of lawful money of the United States as is hereinafter set forth, and placing such envelope in parking violation fee box, or by leaving same at the Law Enforcement Center in Owatonna, Minnesota, to-wit:

a. Parking beyond time limit

If paid within forty-eight (48) hours . . . . . . . . . . . . . . . . $ 5.00
If paid after forty-eight (48 hours and
within ten (10) days . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00
If paid after ten (10) days and
within thirty (30) days . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00
If not paid within thirty (30) days . . . . . . . . . . . . . . . . . . 30.00

b. Parking too close to fire hydrant . . . . . . . . . . . . . . . . . 20.00

c. Unlawfully parking in a handicapped zone . . . . . . . . . 100.00

d. Double parked illegally. . . . . . . . . . . . . . . . . . . . . . . . 15.00

e. Parking in a prohibited area . . . . . . . . . . . . . . . . . . . . 15.00

f. Parking in crosswalk . . . . . . . . . . . . . . . . . . . . . . . . . 15.00

g. Parking over forty-eight (48) hours unattended . . . . . . 15.00

h. Blocking private drive . . . . . . . . . . . . . . . . . . . . . . . . 15.00

i. Obstructing traffic lane . . . . . . . . . . . . . . . . . . . . . . . . 15.00

j. Parking so as to obstruct an alley . . . . . . . . . . . . . . . . . 15.00

k. Parked 2:00 a.m. to 6:00 a.m. in
central business district . . . . . . . . . . . . .. . . . . . . . . . . . . . 10.00

l. Parking too close to stop sign . . . . . . . . . . . . . . . . . . . . 10.00

m. Parking in a yellow zone . . . . . . . . . . . . . . . . . . . . . . . 10.00

n. Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00

o. Winter parking violations eff. 10/20/02 . . . . . . . . . . . . . 20.00

p. Recreational vehicle parking violations eff. 11/16/04 . . . 20.00

For violations of subparagraphs b. through p., payments must be made within forty-eight (48) hours. Late fees will be assessed as follows: Within ten (10) days, $5.00 penalty, after ten (10) days, $10.00 penalty; and after thirty (30) days but before issuance of a warrant, $30.00 penalty.

Payments so made shall constitute a parking violation fee. All amounts collected after issuance of a warrant as hereinafter provided shall constitute a fine for ordinance violation and are subject to the jurisdiction of the District Court. After a warrant issues for the violation of this ordinance, the bail and fine for said violation will be set by the Court, provided that no warrant shall be issued unless a notice of violation by first class mail has been sent by the Owatonna Police Department to the last known registered owner of the vehicle involved.

Section 700:60. Use of Proceeds. The monies returned from the fees, fines and charges for parking control violations shall be deposited in the general fund of the City.

Section 700:70. Owner's Liability. The registered owner or real owner of a vehicle shall be responsible for any parking violation under this Section committed by someone using said vehicle, unless said owner has prohibited said person from using said vehicle. All vehicles in violation are subject to being towed at the owner's expense.

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