CHAPTER XXI. TRAFFICCHAPTER XXI. TRAFFIC\ARTICLE 2. LIMITED TIME PARKING ZONES AND OFF-STREET PARKING STATIONS

In this article, unless the context otherwise requires:

(1)   “City” means the City of Newton, Kansas;

(2)   “Governing Body” means the duly qualified and acting Board of Commissioners of the City of Newton, Kansas;

(3)   “Legal Holidays” means January First, Washington’s Birthday, Memorial Day, Good Friday, Fourth of July, Labor Day, Veteran’s Day, Thanksgiving Day and December Twenty-fifth; provided, that if any such holiday shall be on a Sunday, the following day shall be considered and treated as a legal holiday;

(4)   “Off-Street Parking Station” means any area which is owned or operated by the city and designated as a public place for parking of vehicles;

(5)   “Operator” means every individual who shall operate a vehicle, orwho is in actual physical control of a vehicle;

(6)   “Parking or Park” means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of, and while actually engaged in, receiving or discharging passengers or loading or unloading merchandise or in obedience to traffic regulations, signs or signals or an involuntary stopping of the vehicle by reason of causes beyond the control of the operator of the vehicle;

(7)   “Parking Space” means any space upon a public street or within an off street parking station, which is duly designated for the parking of a single vehicle by lines painted or otherwise durably marked on the curb or on the pavement;

(8)   “Parking Zone” means any street area or off-street parking station designated by this ordinance for limited parking time only; and,

(9)   “Vehicle” means any device in, upon or by which any person or property is or may be transported upon a street, except a device which is operated upon rails or tracks.

(Ord. 3457, Sec. 1)

(a)   The monies derived from the operation of this article are hereby assessed as fees for the following uses and purposes:

(1)   To provide for the proper regulation and control of traffic upon the public streets;

(2)   To acquire and maintain off-street parking locations and facilities in the city as authorized by state statute; and,

(3)   To cover the cost of supervising and regulating the parking of motor vehicles in the parking zones and off-street parking stations in the city.

(b)   A parking fund is hereby established, and such fees, when collected by the city as provided in this article, shall be deposited with the general funds of the city, but shall be credited by appropriate accounting procedure to the parking fund. Money so credited to the parking fund may be disbursed and used for anyone or all of the uses and purposes above specified.

(Ord. 3457, Sec. 1)

This entire article shall be deemed and construed to be an exercise of the police power of the city for the preservation and protection of public safety, and all of its provisions shall be liberally construed so as to effectuate such purpose.

(Ord. 3457, Sec. 1)

It shall be the duty of the city manager or his or her designated representative to enforce the provisions of this article.

(Ord. 3457, Sec. 1)

The following described real estate situated in, owned by, the city are designated as off-street parking stations, subject to all of the provisions of this article, all the ordinances, rules and regulations of the city, and reference thereto may be made by the title preceding the description thereof, to wit:

(a)   East 7th Street No.1, consisting of Lots 23 and 25, Block 29;

(b)   East 7th Street No.2, consisting of Lots 31 and 33, Block 29;

(c)   West Broadway, consisting of Lots 15 and 17, Block 33;

(d)   West 6th Street, consisting of Lots 26, 28, 30, 32 and 34, Block 39;

(e)   East 6th Street, consisting of Lots 15, 17, 19,21,23 and 25, Block 39;

(f)   West 4th Street, consisting of Lots 16, 18, 20 and East half of Lot 22, Block 34.

(g)   Activity Center Parking Area, consisting of all parking spaces in Block 44.

(h)   East Broadway, consisting of all that part of Lots 18, 20, 22, 24, 26 and 28, of Block 31, lying South and East of the following described line: beginning at a point on the East line of Block 31 located 205.64 South of the Northeast comer of said Block 31; thence South 40°04’19” West for 25.45 feet; thence South 89°34’20” West for 138.27 feet; thence South 49°09’56” West for 54.83 feet to East line of West 2 feet of said Lot 18; thence South 00°00’00” West for 88.23 feet to the South line of said Lot 18.

(Ord. 3457, Sec. 1; Code 1981; Ord. 4408-02)

Time limitations upon parking zones established by this article shall apply every day between the hours of 9:00 a.m. and 6:00 p.m. except on Sundays and legal holidays as defined by section 21-201 of this article.

(Ord. 3457, Sec. 1)

Parallel parking for a period of two hours is permitted on the following streets:

(a)   West side of Main Street from the south line of 8th to north line of 7th street.

(b)   West side of Main Street from the south line of 7th to north line of Broadway.

(c)   West side of Main Street from the south line of Broadway to north line of 6th Street.

(d)   West side of Main Street from the south line of 6th to north line of 5th Street.

(e)   West side of Main Street from the south line of 5th to AT&SF right-of-way except for any driveway entrances north at AT&SF right-at-way.

(f)   West side of Main Street at a point beginning 145 feet south of the AT&SF right-of-way to the north line of 3rd Street.

(g)   West side at Main Street from the south line of 3rd Street to north line of 2nd Street.

(h)   North and south sides of East Third Street from the east line of Main Street to the west line of the alley between Main and Oak Streets.

(i)    South side of Broadway from the east line of Oak Street to the west line of Pine Street.

(Ord. 3848, Sec. 1; Ord. 4217, Sec. 1)

(a)   East side of Main Street from the south line of 7th to the north line of Broadway Avenue.

(b)   East side of Main Street from the south line of Broadway Avenue to the north line of 6th Street.

(c)   East side of Main Street from the south line to the north line of 5th Street.

(d)   East side of Main Street from the south line of 5th to the AT&SF right-of-way except the 150 feet south of the south line of 5th Street designated as No Parking-Unloading Zone.

(e)   East side of Main Street at a point beginning 175 feet south of the AT&SF right-of-way to the north line of 3rd Street.

(f)   East side of Main Street from the south line of 3rd to the north line of 2nd Street.

(a)   West side of Oak from the north line of Broadway, north to the alley.

(b)   West side of Oak from the south line of Broadway to the north line of 6th Street.

(c)   West side of Oak from the south line of 6th Street to the AT&SF right-of-way.

(d)   East side of Oak from the south line of Broadway to the north line of 6th Street.

(e)   East side of Oak from the south line of 6th Street to the AT&SF right-of-way.

(a)   Reserved.

(b)   West side of Poplar from the south line of 5th Street to a point 175 feet south.

(c)   Reserved.

(d)   East side of Poplar from the south line of 5th Street to a point 165 feet south.

(e)   South side of 7th Street from the west line of Main to a point 150 feet west.

(Ord. 3672, Sec. 1; Ord. 4369-00)

Parallel parking for a period of one hour is permitted on the following streets:

(a)   West side of Oak Street from the south line of 7th Street to the north line of the alley.

(b)   East side of Oak Street from the south line of 7th Street to the north line of Broadway.

(c)   West side of Poplar from the north line of Broadway to the south line of 7th Street.

(d)   North side of Broadway from the west line of Poplar, thence west for 100 feet.

(Ord. 3457, Sec. 1; Ord. 4217, Sec. 3)

Parallel parking for a period of 15 minutes is permitted on the following streets:

(a)   East side of Poplar from north line of 4th Street, thence north 165 feet.

(Ord. 4033, Sec. 1)

Parallel parking for a period of thirty (30) minutes is permitted on the following streets:

(a)   West side of Poplar Street from the north line of 5th Street, thence north approximately 165 feet to the alley.

(Ord. 4656-08)

Angle parking for a period of two hours is permitted on the following streets;

(a)   North side of 7th Street from the west line of Main to a point 150 feet west.

(b)   South side of 7th Street from the east line of Main to a point 215 feet west.

(c)   North side of Broadway from the west line of Main west to the area designated as an unloading zone.

(d)   North side of Broadway from the east line of Main to the west line of Oak Street.

(e)   South side of Broadway from the east line of Main to the west line of Oak Street.

(f)   South side of Broadway from the west line of Main to the east line of Poplar Street.

(g)   North side of 6th from the west line of Main to the east line of Poplar Street.

(h)   North side of 6th from the east line of Main to the west line of Oak except four parking spaces located in front of the KG&E offices.

(i)    South side of 6th from the east line of Main to the west line of Oak Street.

(j)    South side of 6th from the west line of Main to the east line of Poplar Street except four parking spaces located in front of the Gas Service Company offices.

(k)   South side of 6th from the east line of Oak Street for a distance of 245 feet to the east.

(l)    North side of 5th Street from the west line of Main to the east line of Poplar Street.

(m)  North side of 5th Street from the east line of Main to the AT&SF right-of-way.

(n)   South side of 5th Street from each line of Main to the AT&SF right-of-way.

(o)   South side of 5th Street from the west line of Main to the east line of Poplar except four parking spaces located in front of the Southwestern Bell Telephone Company offices.

(p)   North side of 4th Street from AT&SF right-of-way to the west line of Oak Street.

(Ord. 3509, Sec. 1; Ord. 4217, Sec. 2)

Angle parking for a period of fifteen minutes is permitted on the following streets:

(a)   Four spaces located on East 6th Street directly in front of Kansas Gas and Electric Company offices.

(b)   Four spaces located on West 6th Street directly in front of the Gas Service Company offices.

(c)   Four spaces located on West 5th Street directly in front of the Southwestern Bell Telephone Company Offices.

(Ord. 3457, Sec. 1)

Parking spaces within the designated off-street parking stations as defined by section 21-205 of this article shall be subject to the following time limitations:

(a)   One hour parking restrictions:

(1)   The four parking spaces on the east side and immediately north of the alley in the East 7th Street No.2 parking station.

(b)   Two hour parking restrictions:

(1)   The 16 spaces north of the Poplar Street entrance to Activity Center Parking Area between 8:00 a.m. and 10:00 p.m. each day.

(2)   All 17 spaces located on the East-half of the West Broadway parking station.

(c)   Four hour parking restrictions:

(1) The north 13 parking spaces on the west side of the West Broadway parking station and the south 4 parking spaces on the west side of the West Broadway parking station.

(d)   Nine hour parking restrictions:

(1)   The south 11 parking spaces on each side of the East 7th Street No.1 parking station;

(2)   The 13 north parking spaces on the east side and 17 spaces on west side of the East 7th Street No.2 parking station;

(3)   All parking spaces of West 6th Street parking station;

(5)   All parking spaces of East 6th Street parking station;

(6)   41 parking spaces on the east three rows of West 4th Street parking station.

(e)   Twenty-four hour parking restrictions:

(1)   The 15 parking spaces on the west side of the West 4th Street parking station.

(Ord. 4408-02; Ord. 4477-04; Ord. 4494-04)

With respect to the areas designated as parking zones by this article, the city manager, notwithstanding any other provision of this article, shall:

(a)   Cause appropriate signs to be erected giving notice that the parking spaces within such zones may be used for parking for a limited period and specifying the time thereof;

(b)   Cause each parking space within such parking zones to be designated by appropriate markings.

(c)   May designate certain parking spaces in any parking zone as handicapped parking spaces and any parking space so designated shall be clearly identified and marked. Any vehicle parking in such a designated space shall display a current special license plate or identification card issued to a handicapped person by the state pursuant to K.S.A. 1979 Supp. 8-132a and amendments thereto. Time limitation upon parking for the zone in which any handicapped parking space is located, shall apply to any vehicle parked in a handicapped parking space.

(d)   May, and shall upon direction of the governing body, provide for taxicab stands, bus stops and other matters of similar nature, including loading or unloading of trucks, vans or other commercial vehicles or passenger vehicles and provide appropriate markings and signs designating such use.

(Ord. 3457, Sec. 1)

It shall be unlawful for any person:

(a)   To cause, permit or allow any vehicle operated by such person to be parked beyond the parking time prescribed for any parking space in any parking zone designated by this article;

(b)   To cause, permit or allow any vehicle operated by such person to be parked in a manner that such vehicle is not entirely within the marked limits of a parking space;

(c)   To cause, permit or allow any vehicle operated by such person to be backed into any parking space in a designated angle parking zone or in an off-street parking station which has been designated as a parking zone by this article;

(d)   To circumvent or attempt to circumvent any parking time limitation imposed pursuant to this article by erasing or otherwise obliterating any mark applied to any vehicle by any agent or employee of the city as a means of enforcing compliance with the provisions of this article; or

(e)   To violate any of the parking restrictions or prohibitions as set forth in the Standard Traffic Ordinance as incorporated by Section 21-101 of this article, including the restrictions and prohibitions as to use of accessible parking spaces as set forth in Section 87(e) of the Standard Traffic Ordinance.

(Ord. 3457, Sec. 1; Ord. 4580-06)

When signs are erected giving notice thereof no person shall at any time park a vehicle on the following street locations:

(a)   The east side of Pine Street from the north line of east First Street to the south line of east Second Street;

(b)   The south side of east Second Street from the east line of Pine Street for a distance of 145 feet.

(Ord. 3684, Sec. 1)

When signs are erected giving notice thereof no person shall park a vehicle on the following described streets or parts of streets during the designated times:

(a)   East side of Boyd Street from 5th Street to Broadway between the hours of 1:30 p.m. to 3:30 p.m. on any day when public schools are in session.

(b)   Both sides of Boyd Street from the south line of W. 17th Street south for a distance of 1150 feet, between the hours of 8:00 a.m. to 3:00 p.m. on any day when public schools are in session.

(Ord. 4291-99; Ord. 4883-15)

(a)   In any proceeding for the violation of the provisions of this article, the registration plate displayed upon the vehicle in violation shall constitute in evidence a prima facie presumption that the owner of such vehicle was the person who parked or placed such motor vehicle at the place where the violation occurred.

(b)   Violation of any provision of this article as to which there is not otherwise a prescribed penalty shall be punishable by a fine not to exceed $50. In addition to the prescribed fine or penalty as to any violation of this article, any person whose vehicle has been towed and/or stored by reason of any violation of this article shall also be responsible to pay any such towing or storage costs.

(Ord. 4580-06)

(a)   Any vehicle found to be parked in violation of Section 21-218 of this article shall have attached to it by a police officer or other officer of the city duly appointed to enforce parking regulations a notice to the owner or operator thereof that such vehicle has been parked in violation of this article. Each such owner or operator may, within five days of the time such notice is attached to the vehicle, enclose such notice with an applicable fine as set forth below by depositing the same in a courtesy penalty collection box provided, or by delivery of the same to the police department or to the clerk of the municipal court of the city for and in full satisfaction of such violation, the applicable fine to be shown on such notice and being as follows:

(1)   The sum of $5 as to a violation for parking beyond the parking time prescribed for any parking space in any parking zone designated by this article.

(2)   A sum designated by the judge of the municipal court of the city as to such offense in the judge’s then adopted schedule of fines.

(b)   If payment of that applicable fine under subsection (a) above has not been made within five days of the date such notice was affixed to such vehicle, a notice shall be sent to the registered owner of such vehicle of such violation. Such notice shall advise that, in the event the payment required by subsection (a) above, plus the additional amount of $10, is not made within ten days hereafter, a complaint will be filed and a prosecution commenced in the municipal court, and a warrant of arrest may be issued.

(Ord. 4031, Sec. 1; Ord. 4580-06)

In addition to, or in lieu of attaching to an unlawfully parked vehicle the notice required in section 21-220, such vehicle may be impounded, and removed and stored by the police department. Vehicles so removed may be reclaimed by the owners by the payment of the towing and storage costs and overtime parking fee above provided and upon such payment be relieved of any other penalty provided by this article.

(Ord. 3457, Sec. 1)

(a)   This article shall be deemed to be in addition and supplementary to, and not in conflict with nor a repeal of, prior to existing ordinances of this city relating to regulation of traffic or parking generally, but shall be an additional provision for the regulation of traffic and parking in parking zones provided for in this article.

(b)   Nothing in this article shall be deemed to render invalid any notice of violation issued prior to the effective date hereof, or, to prevent prosecution of such parking offense according to the law applicable at the time such offense occurred.

(Ord. 3457, Sec. 1)

(a)   The Chief of Police, or his or her designee, is hereby authorized to issue long-term parking permits to persons who occupy residential living units in the downtown business district of the City, defined for purposes of this ordinance as being that portion of the City which is between First Street and Eighth Street and which is between Poplar Street and Oak Street. A parking permit issued pursuant to this ordinance shall entitle the permit holder to park the designated vehicle in any designated nine-hour parking space in any off-street parking station designated under Section 21-205 of the Code of the City of Newton, Kansas, without regard to such time limitations. Such permits shall be subject to the following terms and conditions:

(1)   Each permit shall be issued in the name of a specific person or persons, and as to a specific address in the downtown business district, and as to a specific vehicle owned or leased by the applicant or applicants, all of which information shall be contained on the permit. The Chief of Police may condition the issuance of such a permit upon being provided or obtaining appropriate verification of the applicant’s eligibility therefor.

(2)   Each permit shall be valid for a period of 90 days from the date of issuance. An applicant may obtain successive permits upon establishing continuing eligibility therefor. -

(3)   Each such permit shall be non-transferable, and shall become void if prior to the expiration date the applicant ceases to reside in the designated living unit, or upon the sale or other disposition of the designated vehicle.

(4)   The permits shall be of a type which can be displayed from the interior of a vehicle either by being affixed to a window or windshield or by being affixed to the rear-view mirror. The permit shall not be valid to exempt the designated vehicle from the nine-hour parking limitations in off-street parking stations unless it is displayed inside the vehicle in the manner specified, and so that the permit and the written terms thereon may be readily observable from the exterior of the vehicle.

(5)   No more than one permit may be issued and outstanding at any given time as to anyone residential living unit.

(6)   No permit shall be issued until the applicant has tendered a permit fee in the amount of $25.00. No portion of such permit fee shall be refundable upon the permit expiring or becoming void.

(b)   It shall be unlawful for any person to commit any of the following acts:

(1)   To use or display any such long-term parking permit after it has expired or become void.

(2)   To use or display any such long-term parking permit in any vehicle other than the vehicle designated on the permit.

(3)   To alter any such long-term parking permit in any way that changes or obscures the terms or other information printed thereon by the Chief of Police or by his or her designee.

(c)   No permit issued under the provisions of this ordinance shall serve to allow the location or maintenance of any abandoned or inoperable vehicle upon any off-street parking station.

(d)   Violations of the provisions of this section shall be punishable by a fine of $20.00, and by the revocation of the permit. Each day that a violating condition continues to exist shall be punishable as a separate offense. Any person violating the provisions of this section shall be ineligible to receive another such permit for a period of 90 days from the date of such conviction after a first offense, for a period of one year from the date of such conviction after a second offense, and for a period of five years from the date of a third or subsequent offense.

(Ord. 4300-99)