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Article 11-4
PARKINGSections:
11-4-1 Method of Parking
11-4-2 Authority to Erect Signs Restricting Parking
11-4-3 Stopping, Standing, or Parking Prohibited
11-4-4 Nuisance Parking
11-4-5 Penalty
11-4-6 Presumption
11-4-1 Method of Parking
Except as otherwise provided by resolution of the council, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the right hand wheels of such vehicle parallel to and within eighteen (18") inches of the right hand curb.
11-4-2 Authority to Erect Signs Restricting Parking
A. Pursuant to ARS 28-643 and within the reasonable exercise of the Oro Valley Police power, the local authority shall place and maintain the traffic control devices on highways under their jurisdiction as they deem necessary to indicate and to carry out local traffic ordinances or to regulate, warn or guide traffic. All traffic control devices erected shall conform to the manual and specifications prescribed in ARS 28-641.
B. The Police Chief or Town Engineer, upon approval by the Council, may erect signs requiring parking at an angle to the curb, allowing parking on the left hand curb on one-way streets, notifying drivers that parking is prohibited, and restricting parking in any way that may be necessary. No parking restrictions shall become effective until such restricted parking area is specifically designated by resolution of the Council and signs have been erected or written notice given as authorized by this Section; provided, that all signs restricting parking now in place are hereby ratified and approved as so placed. It is a civil traffic violation for any person to stop or stand a vehicle in disobedience to such parking restrictions.
C. In lieu of providing signage, the Town may attach a written notice to the owner of record of the vehicle, giving the responsible individual twenty-four (24) hours to remove the vehicle.
(01-01, Amended, 01/17/2001)
11-4-3 Stopping, Standing, or Parking Prohibited
A. Handicapped Parking Spots
1. Pursuant to ARS 28-884 and except as provided in subsection (4) of this section, no person may stop, stand, or park a motor vehicle within any specially designated and marked parking space provided in accordance with this section for physically disabled persons unless the motor vehicle is transporting a person eligible for the distinguishing insignia placard or number plates bearing the international wheelchair symbol, and either a) the motor vehicle displays the distinguishing insignia placard; or b) the motor vehicle displays number plates bearing the international wheelchair symbol.
2. If a law enforcement officer employed by the Town finds a motor vehicle in violation of this section, the officer shall issue a complaint, which shall be attached or placed upon the vehicle, which is unlawfully parked. Upon a finding that an owner or operator is responsible for a violation of this section, the court shall impose a civil sanction of not less than eighty ($80) dollars nor greater than two hundred fifty ($250) dollars for such violation.
3. Any person who is chauffeuring a physically disabled person shall be allowed, without a distinguishing insignia placard or number plates bearing the international wheelchair symbol, to park momentarily in any such parking space for the purpose of loading or unloading such physically disabled person. No complaint shall be issued to the driver for such momentary parking.
4. Parking spaces reserved for handicapped persons shall be designated on privately owned property as provided by the Oro Valley Zoning Code. Each such parking space shall be prominently outlined with paint and posted with a permanent sign located not less than three (3) feet nor more than six (6) feet above the grade and of a color and design approved by the department of transportation bearing the internationally accepted wheelchair symbol and the caption “reserved parking.” The designation of such parking spaces as provided herein or as required pursuant to the Oro Valley Zoning Code, shall authorize police officer, and other duly authorized agents, to enforce the provisions of this section and shall constitute a waiver of any objection by the owner or person in possession of such property to the enforcement of this section, and such owner shall be deemed to have consented by such designation or person in possession.
B. Storing Vehicles on Public Property
1. Stored vehicle means any vehicle, trailer, or semitrailer of a type subject to registration pursuant to ARS 28-101 et seq., which has been left within the right-of-way of a highway, road street, or public thoroughfare, or upon public property, without being moved, for an extended period of time. Evidence that a vehicle was left unattended or unmoved for a period of forty-eight (48) hours shall be prima facie evidence that the vehicle was being stored.
2. No person shall store a vehicle upon any street, highway, road, other public thoroughfare, or other public property. The storing of any vehicle in a manner as provided for in this subsection, shall constitute a presumption that the last registered owner of record is responsible for such storage. The last registered owner shall be subject to the provisions of this Article unless an affidavit has been filed reporting the vehicle as being stolen, or a stolen report has been accepted by a local law enforcement agency, and a violation of this subsection constitutes a civil traffic offense. The provisions of ARS 28-872 shall apply in all respects to the removal, towing, storage, and sale of stored vehicles impounded under this subsection.
C. Blocking Traffic
1. It is a civil traffic violation for any person to stop, stand, or park any motor vehicle, or other vehicle, upon a street in the Town in such a manner or under such conditions as to leave available less than twenty (20’) feet of the width of the roadway for the free movement of vehicular traffic, except that a person may stop temporarily, in the actual loading or unloading of passengers or, when necessary, in the observance of traffic signs or signals.
2. It is a civil traffic violation for any person to park a motor vehicle, or other vehicle, within an alley or entrance to a private driveway except for the loading or unloading of materials, and not then unless such loading or unloading can be accomplished without blocking the alley to the free movement of vehicular traffic.
(01-01, Amended, 01/31/2001; 01-01, Amended, 01/17/2001)
11-4-4 Nuisance Parking
1. Parking for Display or Repairs. It is unlawful to park a vehicle upon any roadway for the purpose of a) washing, greasing, or repairing such vehicle except for immediate repairs necessitated by an emergency and necessary to be made before the vehicle can be moved; or b) displaying commercial exhibits, except by special permit lawfully issued by the Town.
2. Parking on Property of Another. It is unlawful for the driver of a motor vehicle to park the vehicle in or upon property of another without having in the driver’s possession the written permission of the person legally entitled to possession of the property. However, a citation charging violation of this section shall be dismissed if the aforesaid written permission is subsequently presented to the court.
3. Parking on Town-Owned Property. No person shall park a motor vehicle in or on Town-owned property, other than public streets or alleys, when signs prohibiting or regulating parking have been made thereon by the Town as authorized by this article, unless in compliance with such erected signs.
4. Parking in Parks and Playgrounds. It is unlawful to park a motor vehicle in or upon the parks and playgrounds of the Town except in designated and signed parking areas.
5. Parking for Purposes of Sale on Unpaved Lots. It is unlawful to park a motor vehicle for the purpose of sale upon any lot or area, which is not paved, within the Town. The display of any signs or other markings indicating that a motor vehicle is for sale shall be prima facie evidence that the motor vehicle has been parked for the purpose of sale. This section shall not apply to a maximum of one (1) motor vehicle parked for the purpose of sale where the owner of the lot owns the motor vehicle or area on which the motor vehicle is parked.
6. Parking Over-sized Vehicles. No person shall park or store a commercially registered vehicle with a chassis rated for more than one (1) ton nor any vehicle greater than twenty-two (22’) feet in length on streets or alleys in a residential area or zone except while loading, unloading, delivering, or making a service call at a residence.
7. Sidewalks. It is a civil traffic violation for any person to park any vehicle, whether in usable condition or not, or for an owner to permit his vehicle to be parked upon any sidewalk in the Town.
(01-01, Amended, 01/31/2001)
11-4-5 Penalty
Unless otherwise specifically provided, the penalty for violating any provision of this article, which regulates the time, place, or method of parking a vehicle shall be a mandatory fine of eighty ($80.00) dollars, no part of which may be suspended or waived by the court. This fine includes assessments imposed by the state pursuant to ARS 12-116.01 and 12-116.02.
(01-01, Amended, 01/31/2001)
11-4-6 Presumption
In any prosecution charging a violation of any of the provisions of this article, the person in whose name such vehicle is registered shall be prima facie responsible for such violation and subject to the penalty therefor.
(01-01, Added, 01/31/2001)
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