HomeMy WebLinkAboutORD.2681.03-20-2000BILL NO. 2000-47 ORDINANCE NO. vU WJ
AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY
CODE, REGARDING PARKING ON PUBLIC LANDS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. Section 26-77 (a) (1) (b) of the Code of
Ordinances of the City of Cape Girardeau, Missouri, reading as
follows:
Sec. 26-77. Authority of police department --Towing
abandoned property on right-of-way and
public lands.
(a) Any law enforcement official within the official's
jurisdiction may authorize a towing company to remove
to a place of safety:
(1) Any abandoned property on the right-of-way
of:
b. Any other public street, alley, or city -
owned property for a period of forty-eight (48) hours
or more. Provided, however, that a law enforcement
official shall conspicuously pose upon the vehicle, at
least forty-eight (48) hours prior to impoundment, a
notice stating the intention to impound and the date
and time after which impoundment will occur.
Unlicensed or inoperable vehicles shall be removed from
the street, alley, or city -owned property whether
attended or not; provided that commercial motor
vehicles not hauling waste designated as hazardous
under 49 U.S.C. 5103(a) may only be removed under this
subsection to a place of safety until the owner or
owner's representative has had a reasonable opportunity
to contact a towing company of choice;
as hereby epae in its entirety, and a new Section 26-77 (a)
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(1) (b) is hereby enacted in lieu thereof, in words and figures,
to read as follows:
Sec. 26-77. Authority of police department --Towing
abandoned property on right -of -way and
public lands.
(a) Any law enforcement official within the official's
jurisdiction may authorize a towing company to
remove to a place -of safety:
(1) Any abandoned property on the right-of-way
of:
b. Any other public street, alley, or city -
owned property for a period of forty-eight (48) hours
or more. Provided, however, that a law enforcement
official shall conspicuously pose upon the vehicle, at
least forty-eight (48) hours prior to impoundment, a
notice stating the intention to impound and the date
and time after which impoundment will occur.
Unlicensed or inoperable vehicles shall be removed from
the street, alley, or city -owned property whether
attended or not; provided that a vehicle shall not be
considered to be unlicensed for purposes of this
section if it has a valid certificate of origin; and
provided that commercial motor vehicles not hauling
waste designated as hazardous under 49 U.S.C. 5103(a)
may only be removed under this subsection to a place of
safety until the owner or owner's representative has
had a reasonable opportunity to contact a towing
company of choice;
ARTICLE 2. Section 26-151 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, entitled "Parking for certain
purposes prohibited", reading as follows:
Sec. 26-251. Parking for certain purposes prohibited.
No person shall park any type of vehicle or movable
object on any highway, street or alley for the
principal purpose of displaying such vehicle or movable
object for sale; or washing, greasing or repairing such
vehicle or movable object except for repairs
necessitated by an emergency mechanical failure.
... in its entirety, and a new Section 26-251
entitled "Parking for certain purposes prohibited; exceptions",
is hereby enacted in lieu thereof, in words and figures, to read
as follows:
Sec. 26-251. Parking for certain purposes prohibited;
exceptions.
(a) No person shall park any type of vehicle or
movable object on any highway, street or alley for the
principal purpose of displaying such vehicle or movable
object for sale, except for dealer -owned new vehicles
not yet licensed, otherwise legally parked on the
portion of the street immediately in front of the
dealership.
(b) No person shall park any type of vehicle or
movable object on any highway, street or alley for the
principal purpose of washing, greasing or repairing
such vehicle or movable object except for repairs
necessitated by an emergency mechanical failure.
ARTICLE 3. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
ARTICLE 4. It is the intention of the governing body and it
is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City
of Cape Girardeau, Missouri, and the sections of this Code may be
renumbered to accomplish such intention.
ARTICLE 5. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF
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