CHAPTER 13-16
PARKING SECTIONS:
13-1601. Parallel Parking and Diagonal Parking.
13-1602. Obedience to Angle Parking Signs or Markings.
13-1603. Stopping, Standing or Parking Prohibited in Specified Places.
13-1604. Parking of Trucks, Delivery Cars and Service Cars Regulated.
13-1605. Loading and Unloading Regulations for Trucks.
13-1606. Winter Parking.
13-1607. City Council May Designate Ten Minute Parking Areas.
13-1608. Removal of Vehicles After Major Storm.
13-1609. Parking in Area Designated for Mobility Impaired Without Certificate.
13-1610. Motor Vehicle Left Unattended, Brakes to be Set.
13-1611. Unlawful to Park on Private Property.
13-1612. Restricted Parking in Recreation Areas.
13-1613. Parking Not to Obstruct Traffic.
13-1614. Parking for Certain Purposes Prohibited.
13-1615. No Stopping, Standing or Parking Near Hazardous or Congested Places.
13-1616. Stopping, Standing and Parking of Buses and Taxi Cabs Regulated.
13-1617. Restricted Use of Bus and Taxi Cab Stands.
13-1618. Parking Prohibited During Certain Hours on Certain Streets.
13-1619. Parking Prohibited on Sidewalks or Boulevards.
13-1620. Parking Signs Required.
13-1621. Application of Chapter.
13-1622. Parking Privileges for Mobility Impaired - Certificate Revocation.
13-1623. Regulations Not Exclusive.
13-1624. Penalty.
13-1625. Delinquent Tickets -- Impoundment of Vehicle.
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13-1601. PARALLEL PARKING AND DIAGONAL PARKING. The owner, driver or person operating or in charge of any vehicle shall not permit the same to stand or be parked upon any street where there are adjacent curbs unless such vehicle is parallel with the street and the inside wheels not to exceed 18 inches from the right-hand curb or street line. Vehicles must be so parked as to economize parking space for all cases and be so placed as to form, where possible, continuous lines. The City may, by signs, markers, paint or other devices, limit the parking area, and no vehicle shall be parked wholly or partly outside the indicated and permitted parking area; provided that all vehicles shall be parked diagonally to the curb or any street or avenue if said street or avenue is posted or marked for said diagonal parking. Where parking is permitted on one-way street the above regulations shall apply except that vehicles parking on the left side of the one-way street shall park parallel to the street and with the wheels on the left side of the automobile not to exceed 18 inches from the left curb or street line.
13-1602. OBEDIENCE TO ANGLE PARKING SIGNS OR MARKINGS. On those streets which have been signed or marked by the City for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of roadway indicated by such sign or marking.
13-1603. STOPPING, STANDING OR PARKING PROHIBITED IN SPECIFIED PLACES. No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic and in compliance with the law or the direction of a police officer or traffic-control device, in any of the following places:
1. On a sidewalk;
2. Within an intersection;
3. In front of a public or private driveway;
4. Within ten feet of a fire hydrant;
5. On a crosswalk;
6. Within ten feet of a crosswalk at an intersection, except on through streets where it shall not be within 20 feet of a crosswalk;
7. Within 20 feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of the roadway;
8. Between a safety zone and the adjacent curb or within 15 feet of points immediately opposite the ends of a safety zone, unless the State Highway Department or local authority indicates a different length by signs or markings;
9. Within 15 feet of the nearest rail of a railroad crossing;
10. Within 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 feet of said entrance when proper sign posted;
11. Along side or opposite any street excavation or obstruction when stopping, standing of parking would obstruct traffic;
12. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
13. Upon any bridge or other elevated structure upon a street or highway or within a street or highway tunnel;
14. At any place where official signs prohibit stopping.
Any police officer, sheriff’s deputy or other authorized agent is hereby authorized to remove or cause to be removed to the nearest garage or other place of safety any vehicle found in violation of this section, and the owner thereof shall be liable for all costs of impoundment and, in addition, may be punished by a fine of $25.
13-1604. PARKING OF TRUCKS, TRUCK TRACTOR, OR SEMI-TRAILER - REGULATED; AND PROHIBITION OF DOLLYING DOWN OF SEMI-TRAILERS.
1. No truck, truck tractor, or semi-trailer shall be parked on any street, boulevard, or alley in any residential district of the City of Harwood for a longer period than one hour; nor shall any such vehicle be parked overnight on any street, avenue, boulevard, or alley in any residential district of the City, or within 100 feet of any residence, condominium, or apartment building; provided, however, that such vehicles loading or unloading cargo may be parked on the streets or alleys long enough to complete their loading or unloading; and provided further that such restrictions shall not apply to any vehicle in use on any repair, maintenance, or construction project in progress on any such street, boulevard, or alley.
2. No semi-trailer shall be dollied down, or detached from the truck tractor on any street, avenue, boulevard, or alley in any district of the City of Harwood.
13-1605. LOADING AND UNLOADING REGULATIONS FOR TRUCKS. A vehicle may be allowed to double-park for the purpose of loading or discharging passengers, or for unloading freight when there is no alley for such purpose and no other parking space available and the freight to be unloaded is of heavy or bulky nature, but only for such length of time as is absolutely necessary for such loading and unloading, except that no merchandise or freight pick-ups or deliveries whatsoever shall be made from doubleparked vehicles between the hours of 4:00 PM and 6:00 PM on any day except on Sundays and legal holidays and no vehicle shall double-park for such purposes between such hours. Any person owning, driving, operating or having under his control any vehicle shall not permit the same to stand or be parked in any alley except while loading or unloading freight or merchandise. If any vehicle is left parked or standing in any alley during such loading or unloading operations it shall be located so that it does not block the alley and as close to the edge of the alley as possible. If the alley is so narrow that it will be blocked even though the vehicle engaged in the loading or unloading operation is parked so close to the edge of the alley as possible, then, in that event such vehicle shall not be left unattended at any time. It shall be unlawful to load or unload automobile transport trailers on any street, boulevard or public property of the City of Harwood. It shall be unlawful to park or permit any vehicle to stand so that it is backed against the curb except when actually loading or unloading freight or merchandise, and if the vehicle is a semi-trailer combination, the motor vehicle or tractor unit thereof must stand parallel to the curb and be headed in the direction of the traffic. No vehicle shall stand so backed up that it interferes with or interrupts the passage of traffic. In any case it shall be unlawful to load or unload freight or merchandise from a semi-trailer backed into the curb unless the owner operator of the unit involved shall have first secured a written permit to do so from the City; such a written permit must also be secured before any semi-trailer unit may be driven across the center line of the street in order to back the same into a loading stall, and such permit may be issued for reasonable periods of time, not to exceed one year. It shall be unlawful for any person, firm or corporation to drive or permit to be driven any semi-trailer or truck of more than one ton capacity by backing the same into a curb, unless such person, firm or corporation shall provide a person or arrange with some person, in addition to the driver, to act as flagman during all operations, and said flagman shall station himself in such a position so that he can warn both pedestrians and moving traffic and so that the driver can back the vehicle in a safe manner.
13-1606. WINTER PARKING. Parking is prohibited on all public streets and avenues within the city limits of the City of Harwood between the hours of 12:00 midnight through 9:00 AM between
August 15 and May 31. Vehicles which have been given notice of a violation of this section and continue to violate this section may be impounded. Source: Ord. 18-0111, Sec. 1 (2004); Ord 2007-1, Sec. 1 (2007); Ord. 2009-8, Sec. 1 (2009); Ord. 2015-24, Sec. 1
13-1607. CITY COUNCIL MAY DESIGNATE TEN MINUTE PARKING AREAS. The City Council may designate ten minute parking areas in the business or residential district of the City, and may also extend, change or adjust any of the present ten minute zone now in existence. Each ten minute period during which any vehicle is parked in such area shall constitute a separate and additional violation provided such areas shall be properly posted or marked.
13-1608. REMOVAL OF VEHICLES AFTER MAJOR STORM. No person shall park or leave a vehicle upon any roadway or highway during or subsequent to a major winter storm so as to hinder or obstruct snow removal activities. Any police officer is hereby authorized to remove or cause to be removed to the nearest garage or other place of safety any vehicle found in violation of this section, and the owner thereof shall be liable for all costs of impoundment and, in addition, shall be punished by a fine of not more than $25.
13-1609. PARKING IN AREA DESIGNATED FOR MOBILITY IMPAIRED WITHOUT CERTIFICATE. No person may stop, stand, or park any vehicle in any designated parking space that is reserved for the mobility impaired unless the vehicle displays a mobility impaired identification certificate issued by the state to a mobility impaired person. Provided, a vehicle may temporarily use a space reserved for mobility impaired persons without a mobility impaired certificate for the purpose of loading and unloading mobility impaired persons. Violation of this section is an infraction for which a fine up to the limit set by the state may be imposed by the City.
13-1610. MOTOR VEHICLE LEFT UNATTENDED, BRAKES TO BE SET. No person having control or charge of a motor vehicle shall allow such vehicle to stand on any street or alley unattended without first effectively setting the brakes thereon, and, when standing upon any grade, shall turn the front wheels of such vehicle to the curb or side of the street or highway.
13-1611. UNLAWFUL TO PARK ON PRIVATE PROPERTY. It shall be unlawful to trespass upon, drive or park a motor vehicle or trailer or vehicle of any kind upon private property within the city limits of the City of Harwood, where there is displayed permission in writing from the owner or lessee thereof.
13-1612. RESTRICTED PARKING IN RECREATION AREAS. Vehicles shall not be parked upon any public street or alley within any playground, swimming pool, tennis courts or any recreation areas, when said street, alley or area is designated or posted against parking.
13-1613. PARKING NOT TO OBSTRUCT TRAFFIC. No person shall park any vehicle upon a street, other than an alley in such manner or under such conditions as to leave available less than 15 feet of the width of the roadway for free movement of vehicular traffic.
13-1614. PARKING FOR CERTAIN PURPOSES PROHIBITED. No person shall park a vehicle upon a roadway for the principal purpose of:
1. Displaying such vehicle for sale;
2. Washing, greasing or repairing such vehicle except repairs necessitated by an emergency.
13-1615. NO STOPPING, STANDING OR PARKING NEAR HAZARDOUS OR CONGESTED PLACES. The City Council may determine and designate, by having signs placed, places not exceeding one hundred feet in length in which the stopping, standing or parking would create an especially hazardous condition or would cause unusual delay to traffic. When official signs are erected at hazardous or congested places as authorized herein no person shall stop, stand, or park a vehicle in any such designated place. The City Council may determine the location of passenger and freight loading zones and shall place and maintain appropriate signs indicating the same. No person shall stop, stand or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger curb loading zone and then only for a period long enough to complete such loading. No persons shall stop, stand or park a vehicle for any purpose or length of time other than for expeditious loading and delivery or pick-up and loading of materials in any place marked as a freight curb loading zone. In no case shall the stop for unloading and loading of materials be longer than that needed to complete such loading and unloading.
13-1616. STOPPING, STANDING AND PARKING OF BUSES AND TAXI CABS REGULATED. The operator of a bus shall not stand or park such vehicle upon any street at any place other than a bus stand so designated as provided herein. The operator of a bus shall not stop such vehicle upon any street at any place for the purpose of loading or unloading passengers or their baggage other than at a bus stop, bus stand or passenger loading zone so designated as provided herein, except in case of an emergency. The operator of a bus shall enter a bus stop, bus stand or passenger loading zone on a public street in such a manner that the bus when stopped to load or unload passengers or baggage shall be in a position with the right front wheel of such vehicle not further than 18 inches from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic. The operator of a taxi cab shall not stand or park such vehicle upon any street at any place other than in a taxi cab stand so designated as provided herein. This provision shall not prevent the operator of a taxi cab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers.
13-1617. RESTRICTED USE OF BUS AND TAXI CAB STANDS. No person shall stop, stand or park a vehicle other than a bus in a bus stop or other than a taxi cab in a taxi cab stand when any such stop or stand has been officially designated and appropriately assigned 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.
13-1618 PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS. When signs are erected in each block giving notice thereof, no person shall park a vehicle between the hours specified on the sign, on any day except Sundays, and public holidays upon any of the streets so posted.
13-1619. PARKING PROHIBITED ON SIDEWALKS OR BOULEVARDS. No person shall stop, stand or park any automobile, truck or other vehicle, whether attended or unattended, on a sidewalk or on any boulevard or berm between the sidewalk and the roadway in the City of Harwood.
13-1620. PARKING SIGNS REQUIRED. With the exception of Section 13-1606, whenever by this title, or any ordinance of this City any parking time limit is imposed or parking is prohibited on designated streets it shall be the duty of the City to erect appropriate signs giving notice thereof and no such regulations shall be effective unless such signs are erected and in place at the time of any alleged offense subject to specific exceptions as stated in this title. Source: Ord. 18-0111, Sec. 2 (2004).
13-1621. APPLICATION OF CHAPTER. The provisions of this Chapter prohibiting the standing or parking of a vehicle shall apply at all time 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 of official traffic-control device.
13-1622. PARKING PRIVILEGES FOR MOBILITY IMPAIRED - CERTIFICATE - REVOCATION. The provisions of Section 39-01-15 of the North Dakota Century Code, and all subsequent amendments thereto, shall be and are hereby incorporated by reference in this ordinance.
13-1623. REGULATIONS NOT EXCLUSIVE. The provisions of this Chapter 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.
13-1624. PENALTY. Violations of the provisions of this chapter shall be a fine of Eight Dollars ($8), unless a specific section provides for another penalty. If the parking violation is not paid within five (5) days of the issuance of the ticket, the penalty shall be Ten Dollars ($10).
13-1625. DELINQUENT TICKETS -- IMPOUNDMENT OF VEHICLE. Any vehicle found unoccupied on any public way, public property or property to which the general public has a right of access, and against the registered owner of which vehicle there are three (3) or more unsettled traffic violation notices, warrants for such violations, or parking tickets, is subject to the following procedure:
1. Notice of Pending Impoundment. The City Auditor, or his designated agent, shall mail written notice to the last known address of the registered owner of the vehicle (as determined by the address on file with the Registrar of Motor Vehicles of the State of North Dakota, or other similarly situated person for vehicles licensed in a state other than North Dakota) of the fact that there are three (3) or more unsettled traffic violation notices, warrants for such violations, or parking tickets outstanding, and of the pending impoundment of the vehicle. Additionally, this written notice must include a description of the right of the registered owner to request a hearing on the propriety of the impoundment, as set forth in subsection 3 below. Notice is hereby deemed effective and complete by being placed in the mail.
2. Impoundment. After five (5) days from mailing the notice of pending impoundment, and unless the owner of the vehicle has complied with subsection 3(A) herein, the vehicle may be towed and impounded. Unless the Judge of the Municipal Court of the City of Harwood determines the impoundment to be unwarranted, as provided in subsection 3(B) herein, all impoundment and storage fees and costs shall be paid prior to the release of the vehicle. Within twenty-four (24) hours after the vehicle is impounded, the City Auditor, or a person designated by the City Auditor, shall mail written notice to the last known address of the registered owner of the vehicle (as determined by the address on file with the Registrar of Motor Vehicles of the State of North Dakota, or other similarly situated person for vehicles licensed in a state other than North Dakota) of the fact that the vehicle has been impounded, the reasons why the vehicle has been impounded, the method for releasing the vehicle, and where and when the person may obtain a hearing to contest the propriety of the impoundment of the vehicle. Notice is hereby deemed effective and complete by being placed in the mail.
3. Hearing to Determine Propriety of Impoundment.
A. Prior to Impoundment. Any person receiving a notice pursuant to subsection 1 of this section may request a hearing on the propriety of the pending impoundment of his vehicle within five (5) days from the date of the mailing of the notice. The scope of such a hearing shall be limited to whether or not the owner of the vehicle has the minimum number of unsettled traffic violation notices, warrants for such violations, or parking tickets as set forth herein. The hearing shall not be determinative of, nor adjudicate, any citations issued to the vehicle or its owner. The hearing shall be conducted by the Judge of the Municipal Court of Harwood, North Dakota.
B. Subsequent to Impoundment. Any person whose vehicle has been impounded may request a hearing on the propriety of the impoundment of the vehicle. The hearing shall not be determinative of, nor adjudicate, any citations issued to the vehicle or its owner. The hearing must be requested within fifteen (15) days after the vehicle is impounded. The hearing shall be conducted by the Judge of Municipal Court of Harwood, North Dakota.
4. Release of Impounded Vehicle. A vehicle impounded pursuant to this section shall be released to the registered owner, or any other authorized person, only upon the occurrence of one of the following circumstances:
A. The Judge of Municipal Court of Harwood, North Dakota, determines, in a hearing pursuant to subsection 3 above, that the impoundment is not warranted; or
B. The registered owner of the vehicle, or other authorized person, pays all outstanding fines, fees, penalties, costs and surcharges for all outstanding or otherwise unsettled traffic violations and parking tickets, and either pays or posts bond pending a hearing as described in subsection 3 above, all fees and costs relating to the impoundment of the vehicle, as set forth in the schedule contained below; or
C. The registered owner of the vehicle, or other authorized person, posts bond or deposits collateral to ensure appearance in Municipal Court to answer for each violation, and either pays or posts bond pending a hearing as described in subsection 3 above, all fees and costs relating to the impoundment of the vehicle as set forth in the schedule contained below.
5. Schedule of Fees. The following fees shall be applicable for purposes of this section:
A. Impoundment Fees. The fee for the impoundment of a vehicle shall be an additional Twenty-five and no/100 Dollars ($25.00).
B. The owner, or any other authorized person of a vehicle shall be responsible for all costs of towing and/or storage of a vehicle.