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Posted on: August 7, 2020

Ordinance No.20-06

ORDINANCE NO.  20-06 

AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF WINDSOR HEIGHTS, IOWA, BY AMENDING CITY CODE 60.10.07 TO REMOVE SUBSECTION 21 RELATED TO UNIMPROVED SURFACES AND REMOVING PRIVATE PROPERTY LANGUAGE FROM SUBSECTION 22


WHEREAS, the City of Windsor Heights seeks to promote the public health, safety, general welfare and aesthetics of the community through consistent, content- neutral and nondiscriminatory code requirements within its city limits; and

WHEREAS, the City Council of the City of Windsor Heights do hereby find and declare that the amendments to Chapter 60.10.07  are necessary and will promote the safety and general welfare of the community.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WINDSOR HEIGHTS, POLK COUNTY, IOWA:

SECTION 1. Purpose. The purpose of this ordinance is to amend Chapter 60.10.07 of the Code of Ordinances for the City of Windsor Heights.  

SECTION 2. Chapter 60.10.07 is hereby amended to read as follows:

60.10.07 PARKING PROHIBITED

 

No one shall stop, stand, or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or traffic control device, in any of the following places:

1. Crosswalk. On a crosswalk.

(Code of Iowa, Sec. 321.358[5])

2. Center Parkway. On the center parkway or dividing area of any divided street.

(Code of Iowa, Sec. 321.236[1])

3. Mailboxes. Within twenty (20) feet on either side of a mailbox which is so placed and so equipped as to permit the depositing of mail from vehicles on the roadway.

(Code of Iowa, Sec. 321.236[1])

4. Sidewalks. On or across a sidewalk.

(Code of Iowa, Sec. 321.358[1])

5. Driveway. In front of, or within three (3) feet of a curb cut of, a public or private driveway.

(Code of Iowa, Sec. 321.358[2])

6. Intersection. Within an intersection or within ten (10) feet of an intersection of any street or alley, or as otherwise marked.

7. Fire Hydrant. Within five (5) feet of a fire hydrant.

(Code of Iowa, Sec. 321.358[4])

8. Stop Sign or Signal. Within ten (10) feet upon the approach to any flashing beacon, stop or yield sign, or traffic control signal located at the side of a roadway.

(Code of Iowa, Sec. 321.358[6])

9. Railroad Crossing. Within fifty (50) feet of the nearest rail of a railroad crossing, except when parked parallel with such rail and not exhibiting a red light.

(Code of Iowa, Sec. 321.358[8])

10. Fire Station. Within twenty (20) 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 (75) feet of said entrance when properly sign posted.

(Code of Iowa, Sec. 321.358[9])

11. Excavations. Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic.

(Code of Iowa, Sec. 321.358[10])

12. Double Parking. On the roadway side of any vehicle stopped or parked at the edge or curb of a street.

(Code of Iowa, Sec. 321.358[11])

13. Hazardous Locations. When, because of restricted visibility or when standing or parked vehicles would constitute a hazard to moving traffic, or when other traffic conditions require, the Council may cause curbs to be painted with a yellow color and erect no parking or standing signs.

(Code of Iowa, Sec. 321.358[13])

14. Churches, Nursing Homes and Other Buildings. A space of fifty (50) feet is hereby reserved at the side of the street in front of any theatre, auditorium, hotel having more than twenty-five (25) sleeping rooms, hospital, nursing home, taxicab stand, bus depot, church, or other building where large assemblages of people are being held, within which space, when clearly marked as such, no motor vehicle shall be left standing, parked or stopped except in taking on or discharging passengers or freight, and then only for such length of time as is necessary for such purpose.

(Code of Iowa, Sec. 321.360)

15. Alleys. No person shall park a vehicle within an alley except for the expeditious loading, unloading, and delivery which is incident to said loading and unloading of material or merchandise or passengers, and in no event shall any vehicle park in any alley for more than forty (40) minutes at any one time.

16. Ramps. In front of a curb cut or ramp which is located on public or private property in a manner which blocks access to the curb cut or ramp.

(Code of Iowa, Sec. 321.358[15])

17. Area Between Lot Line and Curb Line. On any unpaved portion of any street between the curb line and the lot line, except that, on recommendation of the City Administrator, duly approved by resolution of the Council, parking may be permitted at such locations when requested in writing by property owners. Each such location must be properly marked by approved metal signs at the extremities of such location. The expense of such signs shall be borne by the property owner.

18. In More Than One Space. In any designated parking space so that any part of the vehicle occupies more than one such space or protrudes beyond the markings designating such space.

19. Safety Zones. Between a safety zone and the adjacent curb or within ten (10) feet of points on the curb immediately opposite the ends of a safety zone.

(Code of Iowa, Sec. 321.358[7])

20. Off-Street Parking. On privately owned property or in an area developed as an off-street parking facility, without the consent of the owner, lessee, or person in charge of such privately owned property or facility. (A violation of this subsection shall place such vehicle in the status of an illegally parked vehicle and, upon complaint of the owner, lessee, or person in charge of the privately owned property or facility, said vehicle may be dealt with pursuant to the procedures in this Code of Ordinances governing abandoned vehicles.

21. Automotive Sales. In an area not zoned for commercial use, parking on public property incidental to the sale of automobiles, as defined in Section 167.07(2)(A) of this Code of Ordinances, and as prohibited in Section 171.08(2)(G) of this Code of Ordinances.

22. Fire Lanes. Within any No Parking Fire Lane and/or within ten (10) feet of any No Parking Fire Lane traffic control device.

SECTION 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

SECTION 4. Severability. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

SECTION 5. Effective Date. This ordinance shall be effective after the final passage, approval and publication as provided by law.

Passed and Approved this 3rd day of  August, 2020.

1st Reading:    July 20, 2020 

2nd Reading:   August 3, 2020

3rd Reading:   Waived

Publish Date:  August 7, 2020




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