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Chapter 42 – Snow Emergency

TITLE III   COMMUNITY PROTECTION

CHAPTER 42

 SNOW EMERGENCY 

3-42-1     Purpose
3-42-2     Definitions
3-42-3     Parking Prohibited
3-42-4     Parking Permitted
3-42-5     Snow Emergency Implementation
3-42-6     Application & Signage
3-42-7     Downtown Area Modication
3-42-8     Violations of This Chapter
3-42-9     Penalties & Towing
3-42-10    Repealer Clause
3-42-11    Severability 

SECTION 3-42-1                  PURPOSE.  Due to the location of Belle Plaine, Iowa, snow, ice, or freezing rain can be expected during the course of the year.  Snow and ice control is basically emergency work in which City streets must be cleared at any time of the day or night. The City of Belle Plaine considers removal an emergency service, and the City of Belle Plaine shall undertake operations using methods, resources, and equipment necessary to keep access to the City as open as possible during snow and ice events.

SECTION 3-42-2                  DEFINITIONS.  For the purpose of this chapter the following definitions shall apply:

(1)   “Downtown Area” shall mean, 12th Street from 7th Avenue to 11th Avenue; 8th Avenue from 11th Street to 13th Street; and 9th Avenue from 11th Street to 13th Street.

(2)   “Snow Emergency” shall mean a special condition of a snowfall or ice event requiring residents to move their vehicles off any public street, alley, or public areas in the public right-of-way and immediately adjacent of the travel portion of a street.

SECTION 3-42-3                  PARKING PROHIBITED. No person shall park, abandon or leave unattended any vehicle on any public street, alley or public areas in the public right-of-way and immediately adjacent to the traveled portion of a street during any snow emergency parking ban. This section is not to be construed as to allow parking back on the snow routes even though they may be cleared.

SECTION 3-42-4                  PARKING PERMITTED.  During any snow emergency parking shall be permitted in the city parking lot located between 7th Avenue and 8th Avenue between the railroad tracks and 11th Street.

SECTION 3-42-5                  SNOW EMERGENCY IMPLEMENTATION.  A 48-hour snow emergency ban shall being upon declaration of the City Administrator or a designee. Any snowfall or ice event shall be considered to place this ban into effect where accumulation is apparent or predicted by the National Weather Service for the Belle Plaine area. The City Administrator or designee shall determine when there is sufficient depth of snow or ice to commence the snow emergency into effect. The prohibition may be extended or shortened when conditions warrant upon proclamation by the City Administrator or a designee. A snow emergency may be declared in advance of an anticipated storm, to start at a specific time; or a snow emergency may be declared anytime during or after a storm. That a snow emergency has been declared will be communicate to the public through mass media outlets as deemed appropriate by the City Council.

SECTION 3-42-6                  APPLICATION & SIGNAGE.  The City shall post signs on the major entrances to town setting forth the provisions of this Chapter and any other locations as may be required by Iowa law. Such emergency parking ban shall be of uniform application and the Chief of Police is directed to widely publicize the requirements, using available forms of communications. The City shall post signs on the three (3) major entrances to town setting forth that a “Snow Emergency Ordinance Enforced.”

SECTION 3-42-7                  DOWNTOWN AREA MODICATION.  The foregoing prohibition does not apply to the downtown area designated in Section 3-30-2 of this Chapter from 7:00 a.m. until 2:00 a.m. The parking ban in the areas designated by Section 3-30-2 shall remain in full-force from 2:00 a.m. to 5:00 a.m. year around.

SECTION 3-42-8                  VIOLATIONS OF THIS CHAPTER. Any vehicle remaining upon any public street, alley or public areas in the public right-of-way and immediately adjacent to the travel portion of the street after a snow emergency has been declared shall be guilty of violating this Chapter.

SECTION 3-42-9                  PENALTIES & TOWING. A person or entity found violating this chapter shall be guilty of a misdemeanor and shall be subject to a scheduled fine of $30.00 and shall at the discretion of the Belle Plaine Police Department be subject to towing. Any costs associated with towing and storage shall be the sole responsibility of the owner of the vehicle and the owner shall pay all costs of towing and storage prior to redemption of their vehicle.

SECTION 3-42-10                REPEALER CLAUSE.  Any ordinance, provision, or part thereof, which differs or is inconsistent with this ordinance, is hereby repealed, to the extent of said difference or inconsistency.

SECTION 3-42-11                SEVERABILITY.   If any section, provision or part of this Ordinance shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, 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.

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