Chapter 35
TRAFFIC1

Art. I.    In General, §§ 35-0135-31

Art. II.    Speed Regulations, §§ 35-3235-44

Art. III.    Traffic Control Devices, §§ 35-4535-64

Art. IV.    Stopping, Standing and Parking, §§ 35-6535-98

Div. 1.    Definitions, § 35-65

Div. 2.    General Parking Regulations, §§ 35-6635-71.1

Div. 3.    Commercial and Truck and Bus Parking, §§ 35-7235-75

Div. 4.    Miscellaneous Parking Restrictions, §§ 35-7635-79

Div. 5.    Penalties and Procedures, §§ 35-8035-98

Art. V.    Truck Routes, §§ 35-9935-110

Art. VI.    Reserved, §§ 35-11135-131

Art. VII.    Bicycles, Motor Bicycles, Motor Scooters, Skateboards, Roller Skates, Go-Carts and Scooters, §§ 35-13235-166

Div. 1.    Generally, §§ 35-13235-147

Div. 2.    Reserved, §§ 35-14835-166

Art. VIII.    Pedestrians, §§ 35-16735-174

Art. IX.    Parades and Public Assemblies, §§ 35-17535-193

ARTICLE I. IN GENERAL

Sec. 35-01. Idaho Motor Vehicle Laws, Rules of the Road, Chapters 6, 7, and 8, Title 49, Idaho Code, adopted by reference; filing; conflicts; severability; effective date.

(a) Chapters 6, 7, and 8 of Title 49 of the Idaho Code relating to the operation of motor vehicles, are hereby adopted by reference as part of the traffic ordinance of the city as authorized by Idaho Code, Sections 49-208 and 50-901.

(b) Not less than three (3) copies of the Idaho Motor Vehicle Laws, Rules of the Road, being Chapters 6, 7, and 8 , Title 49, Idaho Code, shall be filed at the office of the city clerk and shall be available for inspection by the public during normal business hours, all as provided by Idaho Code, Section 50-901.

(c) All ordinances of the city which conflict with the provisions of Chapters 6, 7, and 8 , Title 49, Idaho Code, as adopted by reference hereunder, be, and the same are hereby, to the extent of such conflict, repealed.

(d) All other ordinances of the city, contained in Chapter 35, Lewiston City Code, 1974, except to the extent that they conflict with the provisions of Chapters 6, 7, and 8 , Title 49, Idaho Code, and with the provisions of this section, be, and the same are hereby, reenacted, ratified, and confirmed in all respects.

(e) Should any sentence, clause, paragraph, or section of this section be declared, by any court of competent jurisdiction, to be invalid for any reason, then it is the intent of the Lewiston city council that said partial invalidity shall not affect the validity of the remainder of this section.

(f) This section shall take effect and be in force from and after its passage, approval, and publication. (Ord. No. 3392, §§ 1 – 6, 8-29-77; Ord. No. 3588, § 1, 8-17-81; Ord. No. 4003, § 2, 2-3-92)

Editor’s note – Section 35-01 is derived from Ord. No. 3392, §§ 1 – 6, which ordinance was nonamendatory of this code.

Sec. 35-1. Applicability of chapter.

(a) Every person riding a bicycle or an animal or driving an animal or operating any nature of conveyance or drawing any vehicle upon the streets of the city shall be subject to the provisions of this chapter relating to the operation of vehicles and applicable to the operator of the vehicle except those provisions hereof which, by their nature, can have no application.

(b) The provisions of this chapter shall not apply in the following cases:

(1) To any authorized emergency vehicle properly equipped as required by law and actually responding to an emergency call or in immediate pursuit of an actual or suspected violator of the law, within the purpose for which such emergency vehicle has been authorized; provided, that the provisions of this section shall not relieve the operator of an authorized emergency vehicle of the duty to operate with due regard for the safety of all persons using the public highway, nor shall it protect the operator of any such emergency vehicle from the consequence of a reckless disregard for the safety of others; and provided further, that the provisions of this section shall in no event extend any special privilege or immunity in operation of any authorized emergency vehicle for any purpose other than that for which the same has been authorized.

(2) To any person, vehicle or other equipment while actually engaged in authorized work upon the surface of a public highway insofar as suspension of the provisions of this chapter are reasonably necessary for the carrying on of such work; provided, that reasonable precautions are taken to apprise and protect the users of such public highway, but such provisions shall not apply to such persons, vehicles and other equipment when traveling to and from such work.

(3) To any persons, vehicles or otherwise, insofar as the same may be specifically exempted from any provisions of this chapter. (Code 1960, § 19-1)

Sec. 35-2. Compliance with state laws.

No person shall operate any motor vehicle upon the streets of the city without first having complied with the laws of the state governing the licensing and driving of motor vehicles. (Code 1960, § 19-3)

Sec. 35-3. Regulation of traffic by police.

Officers of the police department are hereby authorized and empowered to direct, control, restrict and regulate, in the interest of public safety and convenience, the movement of pedestrians, vehicles and traffic of every kind within the city and may, when necessary, divert or exclude all such traffic on any street or highway within the city. (Code 1960, § 19-4)

Sec. 35-4. Obedience to police.

No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer. (Code 1960, § 19-4)

Sec. 35-5. Avoiding intersections prohibited.

It shall be unlawful for any person driving a motor vehicle to drive said vehicle across or through a private corner lot for the sole purpose of avoiding a traffic control device at an adjacent intersection. (Ord. No. 4003, § 13, 2-3-92)

Editor’s note – Ord. No. 4003, § 1, adopted Feb. 3, 1992, repealed § 35-5, eluding, fleeing from police. Former § 35-5 derived from the 1960 Code, § 19-5.1, and Ord. No. 3041, § 1, adopted July 26, 1971.

Sec. 35-6. Obedience to barriers, warning signals and flagmen.

No person shall disregard warning signals or barriers lawfully placed in any street or the warning signal of a flagman stationed near any railroad crossing or other dangerous place or where authorized workmen are employed upon the streets. (Code 1960, § 19-6)

Sec. 35-7. Effect of missing or illegible signs.

No provision of this chapter for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. (Code 1960, § 19-7)

Sec. 35-8. Driving over sidewalks.

No vehicle shall be ridden or driven on any sidewalk, except over a permanent driveway therefor, constructed for such purpose; provided, that on written application, stating the place and purpose of a proposed temporary crossing, the director of public works may issue a permit for a temporary crossing for a period of time to be stated in such permit. For such temporary crossing, the sidewalk, edge and curb thereof shall be protected by planks and timbers of sufficient thickness and length as will prevent any injury thereto. Such planks and timbers shall be promptly removed as soon as such temporary crossing is not in actual use. (Code 1960, § 19-27)

Sec. 35-9. Riding on rear of vehicles.

No person shall ride upon the rear of any vehicle without the consent of the driver and, when so riding, no part of his body shall protrude beyond the limits of such vehicle. (Code 1960, § 19-28)

Sec. 35-10. Reserved.

Editor’s note – Ord. No. 4003, § 1, adopted Feb. 3, 1992, repealed § 35-10, quiet zones. Former § 35-10 derived from the 1960 Code, § 19-31.

Sec. 35-11. Duties upon death or injury to a dog or other animal.

The operator of a vehicle involved in an accident resulting in injury or death to a dog or other animal shall immediately stop the vehicle at or as near to the scene of the accident as possible, return thereto, give to the owner or other competent person having custody of the animal the name and address of the operator of the vehicle and the registration number of the vehicle involved in the accident and shall further make report of such accident as is in the case of other accidents upon the public highways. If the owner or such competent person having custody of the animal is not present at the scene of the accident, the operator of such vehicle shall take reasonable steps to locate the owner or custodian of such animal and supply the information hereinabove required to be given. If the animal is injured to the extent that it requires immediate medical attention and there is no owner or custodian present to look after it, the operator of such vehicle shall immediately call the police department of the city and report the situation fully to that department. (Code 1960, § 19-35)

Sec. 35-12. Glass or debris from wrecked vehicle to be removed from highway.

When there has been any accident or any wrecked or damaged vehicle is removed from the roadway of a public highway, any glass, debris or other injurious substance dropped from such vehicle shall be removed from the roadway by the operators involved unless they are incapacitated. (Code 1960, § 19-36)

Secs. 35-13 – 35-16. Reserved.

Editor’s note – Ord. No. 4003, § 1, adopted Feb. 3, 1992, repealed §§ 35-13 – 35-16. The aforesaid sections were concerned with general traffic regulations and derived from the 1960 Code, §§ 19-42, 19-44, 19-47 and 19-48.

Sec. 35-17. One-way streets – Authority of director of public works.

(a) The director of public works is hereby authorized to determine and designate streets, parts of streets or specific lanes thereon upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day and shall place and maintain appropriate markings, signs, barriers or other devices to give notice thereof.

(b) The director of public works may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the roadway.

(c) No person shall operate any vehicle in violation of such markings, signs, barriers or other devices so placed in accordance with this section. (Code 1960, § 19-49; Ord. No. 2125, § 1)

Sec. 35-18. Same – Obedience to signs; schedule.

Upon those streets, parts of streets and alleys described in Schedule I, which is on file in the office of the clerk, vehicular traffic shall move only in the indicated direction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited. (Code 1960, § 19-50; Ord. No. 2125, § 1)

Sec. 35-19. Reserved.

Editor’s note – Ord. No. 4003, adopted Feb. 3, 1992, repealed § 35-19, load limits. Former § 35-19 derived from the 1960 Code, § 19-51.

Sec. 35-20. Operation of heavy vehicles, etc., on paved streets.

No person shall run or cause to be run any traction engine, road roller or roadmaking machine or other heavy vehicle of a similar character upon, along or across any paved street or bridge in the city without first having removed from the wheels thereof any and all ice or mud lugs and any and all blunt, sharp or pointed lugs of any description whatsoever, which may be fixed or attached to such wheels. If impossible to remove such lugs, it shall be the duty of the person running or operating such vehicle to place or cause to be placed along or beneath the wheels thereof, when crossing any pavement in the city, planks of at least three (3) inches in thickness, sufficient in width and length to protect the pavement and prevent injury thereto. Any person who shall run any such vehicle, as above described, over, upon or across any paved street, except in the manner herein provided, shall be liable to the city for all damages which may result to paving by reason thereof, which damage, together with costs, shall be recoverable of and from the owner or any such person running or operating the same, in addition to the penalties provided in this code. (Code 1960, § 19-52)

Sec. 35-21. Throwing injurious materials on streets, sidewalks and paths; liability for damage.

No person shall throw, drop, place, or cause to be thrown, dropped or placed, in or upon any bicycle path, street, avenue, sidewalk or other thoroughfare any glass, tacks, nails, pieces of metal or other substance which might injure or puncture any tire on a bicycle or which might wound, disable or injure any person riding a bicycle. Any person violating this section shall in addition to any penalty imposed under the provisions of this code, pay all damages caused thereby. (Code 1960, § 19-56)

Sec. 35-22. Reserved.

Editor’s note – Ord. No. 4003, § 1, adopted Feb. 3, 1992, repealed § 35-22, duty of drivers in event of accident. Former § 35-22 derived from Ord. No. 3318, § 4, adopted July 19, 1976.

Secs. 35-23 – 35-31. Reserved.

ARTICLE II. SPEED REGULATIONS

Sec. 35-32. Maximum speed limits.

Pursuant to Idaho Code, Sections 49-207(2), 49-208, and 50-314, no person shall operate any vehicle at a speed in excess of the following:

(1) Twenty-five (25) miles per hour upon any public street or highway within the city, including O’Conner Road from Bryden Avenue to Southport Avenue, except:

(2) As determined and properly posted by the Idaho Transportation Department for that portion of U.S. Highway 12/95 from the east city limits to the junction of the north bound ramp of U.S. Highway 95/U.S. Highway 12;

(3) Forty-five (45) miles per hour for that portion of State Highway 128 (Down River Road), from the Washington State Line to 0.03 miles west of 18th Street North; that portion of U.S. Highway 12 (Dike Bypass Route) from the intersection of 18th Street and Main Street westerly to its junction with “D” Street; that portion of Bryden Canyon Road 0.11 miles east of the west city limit line to 0.13 west of its junction with 4th Street;

(4) Thirty-five (35) miles per hour on that portion of State Highway 128 (Down River Road) from 0.03 miles west of 18th Street North to the junction of U.S. Highway 12, and the portion of U.S. Highway 12, from the U.S. Highway 12 and U.S. Highway 95 interchange; that portion of U.S. Highway 12 (Dike Bypass Route) from its junction with “D” Street to its junction with Snake River Avenue; Main Street, between 21st Street and Mill Road; 21st Street, between Main Street and 19th Avenue; 17th Street, between 16th Avenue and Stewart; 8th Street, between 19th Avenue and Mayfair Court; 16th Avenue, between 8th Street and 13th Street; Southway, between 8th Street and Snake River Avenue; Snake River Avenue, between the city limits and U.S. Highway 12; 5th Street between Stewart and Bryden Avenue; Bryden Avenue, between 0.13 miles west of 4th Street and Thain Road; Warner Avenue between Thain Road and 16th Street; Burrell Avenue, between 14th Street and Lindsay Creek Road; Duthie Boulevard, between Snake River Avenue and 0.1 miles downhill of Ridgewater Drive; Grelle Avenue, between Thain Road and the east city limits; Powers Avenue, between 16th Street and the east city limits; 10th Street, between Ripon Avenue and Cedar Avenue; 10th Street, from Thain Road north to the city limits; Thain Road, from Stewart Avenue to 14th Street; 14th Street from Thain Road to Ripon Avenue; Ripon Avenue, from 10th Street to Barr Street; Country Club Drive, from its intersection with Snake River Avenue to its intersection with Reservoir Drive; Thain Grade, between 19th Avenue and Stewart Avenue; Nez Perce Grade; Lapwai Road from East Main to city limits; Barr Street to east city limits; Old Spiral Highway from the Nez Perce County Lewiston city limits line south to the intersection of Old Spiral Highway and Idaho State Highway 128 (Down River Road) shall be thirty-five (35) miles per hour.

(5) Fifteen (15) miles per hour when traversing an uncontrolled intersection of streets when the operator’s view is obstructed. The operator’s view shall be deemed to be obstructed when, at any time during the last fifty (50) feet of his approach to an intersection, he does not have a clear and uninterrupted view of such intersection and of streets entering such intersection for a distance of one hundred (100) feet from such intersection.

(6) Twenty (20) miles per hour within designated school zones, designated safety zones or when crossing any marked crosswalk designated to be reduced speed zones where signs “When Children Are Present” or “Where Pedestrians Are Present” exist.

(7) Twenty (20) miles per hour for all trucks proceeding downhill on all grades exceeding five (5) percent and five hundred (500) feet in length, except those grades located on U.S. 95, U.S. 12 and Barr Street.

(8) Twenty (20) miles per hour. That portion of 4th Street D south of Bryden Avenue and providing access to the airport terminal; that portion of Burrell Avenue west of 4th Street D and providing access to the airport terminal; and that portion of Main Street east of Snake River Avenue and west of 11th Street.

Compliance with the speeds set forth in this section under the circumstances set forth herein shall not relieve the operator of any vehicle from the further exercise of due care and caution as further circumstances shall require. (Code 1960, § 19-59; Ord. No. 3017, § 1, 3-29-71; Ord. No. 3056, § 1, 11-22-71; Ord. No. 3224, § 1, 7-29-74; Ord. No. 3274, § 1, 6-16-75; Ord. No. 3278, § 1, 7-28-75; Ord. No. 3420, § 1, 1-3-78, Ord. No. 3451, § 1, 7-31-78; Ord. No. 3497, §§ 1 – 3, 8-20-79, Ord. No. 3572, § 1, 5-26-81; Ord. No. 3633, § 1, 3-22-82, Ord. No. 3695, § 1, 5-31-83; Ord. No. 3750, § 1, 8-6-84; Ord. No. 3805, § 1, 4-21-86, Ord. No. 3828, § 1, 8-4-86; Ord. No. 3892, § 1, 11-16-87; Ord. No. 3906, § 1, 12-21-87; Ord. No. 3924, § 1, 5-9-88; Ord. No. 4003, § 3, 2-3-92; Ord. No. 4044, § 1, 12-14-92; Ord. No. 4059, § 1, 3-8-93; Ord. No. 4139, § 1, 8-21-95; Ord. No. 4214, § 1, 4-6-98; Ord. No. 4288, § 1, 11-24-03; Ord. No. 4577, § 1, 3-26-12; Ord. No. 4615, § 1, 10-27-14; Ord. No. 4702, § 1, 8-21-17; Ord. No. 4711, § 1, 10-9-17)

Sec. 35-33. Reserved.

Editor’s note – Ord. No. 4003, § 1, adopted Feb. 3, 1992, repealed § 35-33, increase of speed limits on through streets. Former § 35-33 derived from the 1960 Code, § 19-60.

Sec. 35-34. Use of radar and electrical devices to check speed of vehicles.

(a) The speed of any motor vehicle may be checked by the use of radio microwaves or any other electrical device. The results of such checks shall be accepted as prima facie evidence of the speed of such motor vehicle in the police magistrate court or legal proceedings when the speed of the motor vehicle is at issue.

(b) The driver of any such motor vehicle may be arrested without warrant under this section; provided, that the arresting officer is in uniform or displays his badge of authority; and provided further, that such officer has observed the record of the speed of such motor vehicle by the radio microwaves or other electrical device or has received a radio message from the officer who observed the speed of the motor vehicle recorded by the radio microwaves or other electrical device. (Code 1960, § 19-61; Ord. No. 2304, § 1)

Sec. 35-35. Temporary construction or work zone speed limits.

(a) The director of public works or the city engineer shall determine maximum speed limits to be posted in a temporary construction zone or temporary work zone.

(b) No person shall operate a vehicle in excess of the posted maximum speed limit established for a temporary construction zone or temporary work zone. The temporary construction zone or temporary work zone and the maximum speed limit shall be clearly designated by appropriately placed signs conforming to the standards of the Manual on Uniform Traffic Control Devices.

(c) As used in this section, temporary construction zone and temporary work zone mean a construction or maintenance area that is located on or adjacent to public right-of-way and marked by appropriate warning signs. (Ord. No. 4326, § 1, 3-10-03)

Secs. 35-36 – 35-44. Reserved.

ARTICLE III. TRAFFIC CONTROL DEVICES

Sec. 35-45. Obedience to official traffic control devices.

No operator of any vehicle shall fail to obey the instructions of any official traffic control device or signal applicable thereto placed in accordance with this chapter, unless otherwise directed by a police officer. (Code 1960, § 19-62)

Sec. 35-46. Placement, maintenance of traffic control devices; standards, specifications and requirements.

Traffic control devices shall be placed and maintained on the streets of the city at the direction, and under the control, of the director of public works or his authorized employees or agents. Such traffic control devices shall conform to the standards, specifications, and requirements set forth in the latest edition of the Manual on Uniform Traffic Control Devices, published by the U.S. Department of Transportation, and adopted for use in the state of Idaho by the Idaho Department of Highways, pursuant to Idaho Code, Section 49-201, as said Manual on Uniform Traffic Control Devices now exists or amendments to it may hereafter be adopted for use in Idaho by the Idaho Department of Highways. (Code 1960, § 19-62.1; Ord. No. 3108, § 1, 8-28-72; Ord. No. 4003, 4, 2-3-92)

Sec. 35-47. Traffic signs – Installation.

(a) To inform users of the streets of the provisions of this chapter relative to parking, traffic and travel, the director of public works, in cooperation with the police, shall provide and have placed on or about the streets and alleys of the city suitable signs and markings whenever deemed necessary.

(b) No person, other than the director of public works or police or their duly authorized agents, shall direct, place or exhibit any traffic sign or standard upon any public street of the city or attempt by signs, markings or written or printed instructions or inhibitions to regulate traffic or the parking of vehicles. (Code 1960, § 19-63; Ord. No. 4003, § 12, 2-3-92)

Sec. 35-48. Same – Obedience required.

Whenever authorized speed limit signs, stop signs, no-parking signs or other signs intended to control traffic are placed upon the streets of the city, it shall be unlawful for the driver of a vehicle to disobey the direction of such signs and indicators. (Code 1960, § 19-64)

Sec. 35-49. Same – Injury, removal, destruction, etc.

No person shall maliciously remove or injure any public traffic sign erected upon any street or any inscription on same, deface the same in writing or in any other manner or remove any light placed upon a disabled vehicle or upon an obstruction or defect in the highway. (Code 1960, § 19-65)

Sec. 35-50. Obedience to turn signs.

Whenever authorized signs are erected indicating that no right, left or “U” turn is permitted, no driver of a vehicle shall disobey the directions of any such sign. (Code 1960, § 19-66)

Sec. 35-51. Reserved.

Editor’s note – Ord. No. 4003, § 1, adopted Feb. 3, 1992, repealed § 35-51, yield signs defined. Former § 35-51 derived from the 1960 Code, § 19-68.

Sec. 35-52. Yield signs – Engineer.

The city engineer shall determine and designate street intersections at which yield signs shall be installed. (Code 1960, § 19-68; Ord. No. 4003, § 5, 2-3-92)

Sec. 35-53. Same – Drivers to yield right-of-way.

The driver of a vehicle approaching a yield sign shall slow to a speed necessary for the conditions and yield the right-of-way to all vehicles approaching from the right or left on the intersecting street which are so close as to constitute an immediate hazard. (Code 1960, § 19-69; Ord. No. 4003, § 6, 2-3-92)

Sec. 35-54. Reserved.

Editor’s note – Ord. No. 4003, § 1, adopted Feb. 3, 1992, repealed § 35-54, collision prima facie evidence of violation. Former § 35-54 derived from the 1960 Code, § 19-70.

Secs. 35-5535-64. Reserved.

ARTICLE IV. STOPPING, STANDING AND PARKING2

DIVISION 1. DEFINITIONS

Sec. 35-65. Definitions.

For the purposes of this article, the following words shall have the meanings indicated, unless the context clearly requires otherwise:

Alley means a street intended to provide access to the rear or side of lots or buildings and not intended for the purpose of through vehicular traffic.

Boat means any vessel or hull designed to float upon or in the water with dimensions that permit it to be taken over highways on attached wheels, on a trailer or as a self-propelled vehicle, including any trailer used for transporting the same.

Bus means every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons; and every motor vehicle other than a taxicab, designed and used for the transportation of persons for compensation.

Bicycle means every vehicle propelled primarily by human power upon which any person may ride, having one, two (2) or three (3) wheels.

Commercial vehicle means any vehicle with a gross vehicle weight of more than eight thousand (8,000) pounds used to carry or transport any goods, wares, merchandise, fuel, produce, persons or other matter for sale, profit or gain, or any vehicle with a gross weight of more than eight thousand (8,000) pounds which is utilized either directly or indirectly in the process of providing a service to any persons, corporations, business enterprises or any other entity for profit or gain.

Commercial zone means all of those areas designated as commercial zones, industrial zones, airport zones, PUD zone and port zones in the city zoning ordinance and as set forth on the official city zoning map.

Crosswalk means either of the following:

(1) That part of a roadway at an intersection included within the connection of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or in the absence of curbs, from the edges of the travelable roadway; and in the absence of a sidewalk on one side of the roadway, that part of a roadway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline.

(2) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

Loading zone means a space reserved for the exclusive use of vehicles during the loading or unloading of passengers or property.

Manufactured home means a structure built on a chassis designed and constructed for transportation to a site for installation and use when connected to required utilities. May also be commonly referred to as “mobile home” or “modular home”.

Motorcycle means a two-wheeled or three-wheeled vehicle propelled by an internal combustion engine.

Official means established, created, set up, installed, constructed, placed, or caused by the city of Lewiston, or its authorized agents and employees.

Oversize vehicle means any vehicle or combination of vehicle and trailer that is too large to be parked within a standard nine-foot by twenty-foot parking space.

Park or parking means the standing of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in loading or unloading property or passengers.

Pickup truck means every motor vehicle eight thousand (8,000) pounds gross weight or less which is designed, used or maintained primarily for the transportation of property.

Planting strip means that portion of the public right-of-way between the curb or edge of pavement and the sidewalk or property line.

Recreational vehicle means a vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are: travel trailer, camping trailer, fifth-wheel camper and motor home.

Regular commercial delivery vehicle means any vehicle with an overall vehicle length of forty (40) feet or less used to deliver goods, supplies, wares, produce or fuel.

Residential zone means all of those areas designated as R-1, R-2, R-3, PUD and R-4 zones as defined in the zoning ordinance of the city and set forth in the official city zoning map.

Roadway means the paved portion of the public right-of-way used for vehicular traffic.

School bus means every motor vehicle that complies with the color and identification requirements set forth in the most recent edition of “Minimum Standards for School Buses” and is used to transport children to or from school or in connection with school activities, but not including buses operated by common carriers in urban transportation of school children.

Sidewalk means the concrete or asphalt surface which runs generally parallel to the street or roadway in the public right-of-way and which is intended for use by pedestrians.

Stand or standing means the halting of a vehicle, whether occupied or not, for the purpose of and while actually engaged in receiving or discharging passengers.

Stop or stopping. Stop means the act of or complete cessation from movement. Stopping means the act of any halting even momentarily of a vehicle.

Street means the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

Support services commander means the city of Lewiston police department’s support services commander or designee.

Traffic means pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any highway for purposes of travel.

Truck means every motor vehicle designed, used or maintained primarily for the transportation of property, and with a gross vehicle weight of more than eight thousand (8,000) pounds.

Trailer means every vehicle with or without motive power, designed for carrying persons or property and for being drawn by a motor vehicle.

Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, street, alley or thoroughfare excepting devices used exclusively upon stationary rails or tracks. (Ord. No. 3606, § 1, 11-30-81; Ord. No. 4003, § 7, 2-3-92; Ord. No. 4059, § 2, 3-8-93; Ord. No. 4738, § 1, 2-25-19)

DIVISION 2. GENERAL PARKING REGULATIONS

Sec. 35-66. Stopping, standing or parking prohibited in specified places.

Except when necessary to avoid conflict with other traffic or in compliance with law or directions of a police officer or official traffic control device, no person shall:

(1) Stop, stand or park a vehicle:

a. On a crosswalk;

b. Within an intersection;

c. Upon a sidewalk, except that the provisions of this subpart shall not apply to bicycles; provided, that said bicycles shall not obstruct pedestrian traffic;

d. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;

e. Upon or within any bridge, overpass, underpass, subway, tunnel or viaduct;

f. Upon any railroad tracks;

g. Upon any portion of any city park or recreation area, except within any officially designated parking area within city parks and recreation areas, and except that the provisions of this subpart shall not apply to bicycles; provided, that said bicycles shall not obstruct pedestrian traffic;

h. Within or upon any street, alley, lane or railroad right-of-way where the stopping, standing or parking of such vehicle will block, obstruct or prevent the free passage of other vehicles or railroad traffic within or upon said street, alley, lane or railroad right-of-way;

i. At any place where official traffic control devices or signs prohibit stopping or parking.

(2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:

a. In front of any driveway;

b. Within fifteen (15) feet of a fire hydrant;

c. Within twenty (20) feet of a crosswalk at an intersection;

d. Within any mail-drop zone, except for the purpose of making deposits of mail in mailboxes within or directly adjacent to such zones; provided, however, that any standing or parking of any vehicle in any mail-drop zone which exceeds five (5) minutes shall be a violation of this subpart;

e. Within thirty (30) feet of any flashing signal, stop sign, yield sign or traffic control signal located at the side of a roadway;

f. Within twenty (20) feet of the driveway entrance to any fire station;

g. Within one (1) block of any place where a fire department is in the process of fighting a fire;

h. On the roadway edge of any vehicle stopped or parked at the edge of a street or highway (double parking);

i. Within any officially designated loading zone, except that this subpart shall not apply to any vehicle when such vehicle is actually engaged in loading or unloading goods, wares, merchandise, materials or passengers; provided, however, that this paragraph shall not authorize the parking or standing of any vehicle in violation of section 35-75 of this code;

j. Within any officially designated bus stop or taxi stand zone, except that the provisions of this subpart shall not apply to any bus, taxi or limousine which is properly licensed by all city, state and federal authorities and is being operated in the ordinary course of business;

k. Within five (5) feet of the intersection of an alley with another alley or street;

l. Within twenty (20) feet of the intersection or any combination of intersections of streets or railroad rights-of-way;

m. Upon any city-owned or city-operated property officially designated for use for vehicle parking by authorized city personnel only, except that this subpart shall not apply to the standing or parking of vehicles in such areas by authorized city personnel;

n. Within or upon any street, alley or railroad right-of-way where the standing or parking of such vehicle will block, obstruct or prevent any other vehicles from turning from a street, alley, lane or driveway onto another street, alley, lane or driveway;

o. At any place where official traffic control devices, signs or red painted curb prohibit stopping or parking.

(3) Park a vehicle, whether occupied or not, except temporarily, for the purpose of and while actually engaged in loading or unloading merchandise or passengers:

a. Within fifty (50) feet of the nearest rail of a railroad crossing;

b. At any place where official traffic control devices or signs prohibit stopping or parking.

(4) Park or store a vehicle upon any public right-of-way, street or alley, whether occupied or not, that is not currently registered by the state of Idaho or other competent jurisdiction.

(5) Park or store a vehicle that is not operable upon any public right-of-way, street or alley, whether occupied or not, for a period of forty-eight (48) hours.

(6) Park or store a vehicle upon any public right-of-way, street or alley, while performing repairs or alterations thereon, except for temporary, emergency repairs not to exceed seventy-two (72) hours.

(7) Park, stop or stand a vehicle, whether occupied or not, in a designated handicapped parking space, marked and signed, in conformance with section 37-148 of this code or Idaho Code, Section 49-213, unless a disabled occupant displays, on the vehicle, a special license plate or a special card for a person with a disability as provided for in Idaho Code, Section 49-410. Violations of this subsection shall be punishable as provided in Idaho Code, Section 49-213. Further, it shall be unlawful for any person who owns, leases or is in control of property where handicapped parking spaces are designated to allow any debris, merchandise, shopping carts or other items to accumulate so as to make a handicapped parking space unusable. (Ord. No. 3606, § 1, 11-30-81; Ord. No. 3728, § 1, 2-21-84; Ord. No. 4003, § 8, 2-3-92; Ord. No. 4059, § 3, 3-8-93; Ord. No. 4125, § 1, 4-10-95; Ord. No. 4205, § 1, 11-17-97; Ord. No. 4280, § 4, 4-23-01; Ord. No. 4314, § 1, 9-9-02)

Sec. 35-67. Modes, manners and types of parking prohibited.

No person shall stop, stand or park any automobile, pickup truck, tractor, truck, truck trailer, travel-all, travel trailer, motorcycle, bicycle, moped, recreational vehicle, motor home or any other vehicle upon any street or alley in the city of Lewiston except when the stopping, standing or parking of such vehicle complies with all of the following requirements:

(1) In all areas where there are curbs all vehicles shall be parked parallel to the curb and not more than eighteen (18) inches therefrom except in such areas where official traffic control devices, signs, painting or curb markings specifically provide for other modes or manners of parking; and

(2) In all areas where there are no curbs all vehicles shall be parked parallel to the center line of the roadway; and

(3) No persons driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway;

(4) Wherever the city has divided portions of the roadway surface by curb markings, street paint or other traffic control device into individual parking stalls, each vehicle standing or parked within such portion of the roadway shall be standing and/or parked solely within one individual parking stall;

(5) All vehicles which are parked or standing upon any city street or alley shall be parked or standing in such a manner that the vehicle is pointed in the same direction as the traffic which is in the traffic lane directly next to the vehicle. (Ord. No. 3606, § 1, 11-30-81; Ord. No. 4125, § 1, 4-10-95)

Sec. 35-68. Limited parking zones.

(a) Certain streets or portions of certain streets in the city of Lewiston may be designated as limited parking zones. Designation shall be by the public works administrator and shall become effective when appropriate signs denoting such limitations are installed.

(b) The public works administrator may designate temporary no parking areas for the purposes of street cleaning, plowing, maintenance or construction. When the public works administrator designates temporary no parking areas he shall cause to be placed temporary no parking signs on the streets or portions of streets to be cleaned, plowed, maintained or constructed giving reasonable notice of the temporary no parking areas. Parking shall be restricted only for the time necessary for cleaning, plowing, maintenance or construction. Vehicles parking in the temporary no parking areas so designated may be towed if vehicles will delay the cleaning, plowing, maintenance or construction. (Ord. No. 3606, § 1, 11-30-81; Ord. No. 4125, § 1, 4-10-95; Ord. No. 4234, § 1, 5-24-99)

Sec. 35-69. Parking in municipal and airport parking lots.

Except for those provisions of section 35-66 and the provisions hereinafter, municipal parking lots shall be designated as unlimited parking zones. Certain areas within municipal parking lots and all areas within airport parking lots may be designated as restricted or limited parking zones. Designation shall be by the city council by resolution and shall become effective when appropriate signs denoting such areas are installed. It shall be unlawful for any person to park a vehicle in a municipal or airport parking lot contrary to posted limitations. (Ord. No. 3606, § 1, 11-30-81; Ord. No. 4125, § 1, 4-10-95)

Sec. 35-70. Bicycle parking prohibited.

Bicycles are prohibited from parking in spaces designed for motorized vehicles. (Ord. No. 3606, § 1, 11-30-81; Ord. No. 4125, § 1, 4-10-95)

Sec. 35-71. Municipal and airport parking lots, general regulations.

(a) No person shall park any automobile, truck, truck trailer, travel-all, travel trailer, motorcycle, bicycle, moped, recreational vehicle, motor home, mobile home or other vehicle in any place within a municipal or airport parking lot except when such parking complies with the following regulations:

(1) Vehicles shall be parked only within officially designated parking spaces;

(2) All vehicles shall be parked in such a manner that each vehicle occupies only one parking space;

(3) Only trucks and oversize vehicles shall park within those parking spaces designated for trucks and oversize vehicle parking.

(b) Each vehicle parked, stopped or left to stand in a city parking lot shall be parked, stopped or left to stand in such a manner that it does not block, obstruct or impede the free flow of traffic through the parking lot. (Ord. No. 3606, § 1, 11-30-81; Ord. No. 4125, § 1, 4-10-95)

Sec. 35-71.1. Disabled parking spaces – Downtown.

The following parking spaces shall be designated and identified as parking spaces for persons with a disability as provided in Idaho Code, Section 49-213:

(1) One space on the south side of D Street, directly east of the Lewiston Plaza entrance;

(2) One space on the north side of D Street, directly in front of 301 D Street;

(3) One space on the south side of D Street, directly west of 5th Street;

(4) One space on the north side of Main Street, directly west of 5th Street;

(5) One space on the south side of Main Street, directly in front of 520 Main Street;

(6) One space on the north side of Main Street, directly in front of 623 Main Street;

(7) One space on the south side of Main Street, directly in front of 630 Main Street;

(8) One space on the north side of Main Street, directly in front of 815 Main Street;

(9) One space on the south side of Main Street, directly in front of 838 Main Street;

(10) One space on the west side of New Sixth Street, directly in front of 124 New Sixth Street;

(11) One space on the north side of F Street, directly east of 5th Street;

(12) One space on the west side of 2nd Street near its intersection with C Street. (Ord. No. 4164, § 1, 8-19-96; Ord. No. 4300, § 1, 2-5-02; Ord. No. 4363, § 1, 9-27-04)

DIVISION 3. COMMERCIAL AND TRUCK AND BUS PARKING

Sec. 35-72. Bus and taxicabs.

No driver of a bus or taxicab shall stand or park upon any street in a business district at any place other than at a bus stop or taxicab stand, respectively; provided, that this section shall not prevent the driver of any such vehicle from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in loading or unloading passengers. (Ord. No. 3606, § 1, 11-30-81; Ord. No. 4125, § 1, 4-10-95)

Sec. 35-73. Parking of commercial vehicles in residential zones; restrictions.

No person shall park any commercial vehicle, whether attended or unattended, upon the streets in any residential zone within the city for a period in excess of four (4) hours, except:

(1) For the purpose of loading and unloading passengers, materials or merchandise; or

(2) For any purpose incident to any lawful construction project or street maintenance project located within the immediate vicinity of such parked vehicle; or

(3) For those vehicles used in private enterprise on night-time calls as provided for in section 35-105(f). (Ord. No. 3606, § 1, 11-30-81; Ord. No. 4125, § 1, 4-10-95)

Sec. 35-74. Loading and unloading.

Any person who shall load or unload from or into any vehicle designed for the carrying of goods, wares and merchandise any goods, wares or merchandise at or from any building situated within the city shall load or unload such vehicle only upon the street or alley at the rear of such building, in all cases where the rear of such building is accessible to a street or alley. (Ord. No. 3606, § 1, 11-30-81; Ord. No. 4125, § 1, 4-10-95)

Sec. 35-75. Establishment of loading zones during certain hours.

(a) The director of public works is hereby authorized to determine the location of and establish loading zones where traffic conditions indicate a need for such zones.

(b) Commercial vehicle loading zones: Commercial vehicle loading zones shall be identified by appropriate posted signs. Said loading zones shall be used only for parking by regular commercial delivery vehicles. Commercial vehicles shall park in said zones only while being loaded and unloaded and only during such hours as the director of public works allows.

(c) Other loading zones: Where the director of public works determines that a need exists for other loading zones than the commercial vehicle loading zone specified in subsection (b) hereof, the director shall designate and establish such loading zones in such locations and in such lengths and for such time limits as he shall deem necessary. Parking therein may be limited to regular commercial delivery vehicles by the director of public works. The director shall cause appropriate signs or markings to be installed to identify said zones and the limits placed on parking, stopping and standing therein. Such zones may be altered or terminated from time to time by the director of public works.

(d) Loading zones shall be available for public parking at all times when the loading zone restrictions are not in effect, according to the same rules and subject to the same time restrictions as required in adjacent parking spaces. (Ord. No. 3606, § 1, 11-30-81; Ord. No. 4125, § 1, 4-10-95)

DIVISION 4. MISCELLANEOUS PARKING RESTRICTIONS

Sec. 35-76. Storage, parking of trucks, trailers, buses, boats and other vehicles in certain areas.

It is unlawful for any person, firm or corporation owning or having control of any truck or trailer in excess of five-ton capacity, or truck-powered unit, or tractor in excess of one-half-ton in weight, or bus, utility trailer, boat, snowmobiles or all-terrain vehicles to park the same upon any street, alley, lane, roadway or public way (within fifteen (15) feet of the pavement of any street, alley, lane, roadway or public way) in any residential zone of the city or upon any street, avenue or public way in front of or adjacent to any residence, church, school, multiple dwelling, hospital or playground in any zone. The provisions of this section shall not prohibit the lawful parking of such vehicles upon any street, avenue or public way in the city for the actual loading or unloading of goods, wares, merchandise or passengers or for any purpose incidental to a lawful construction project or street maintenance project located within the immediate vicinity of such parked vehicle. (Ord. No. 3606, § 1, 11-30-81; Ord. No. 4125, § 1, 4-10-95; Ord. No. 4280, § 3, 4-23-01; Ord. No. 4473, § 3, 7-9-07)

Sec. 35-76.1. Temporary parking of unoccupied manufactured homes or recreational vehicles.

Temporary parking of unoccupied manufactured homes or recreational vehicles shall be permitted on streets, alleys, or highways within the city for not more than seventy-two (72) hours subject to any other and further prohibitions, regulations or ordinances for that street, alley or highway; provided, however, that no water or sanitary facilities are used in any manufactured home or recreational vehicle so parked. (Ord. No. 4473, § 4, 7-9-07)

Sec. 35-77. Use of streets in lieu of off-street parking or storage prohibited.

(a) No person in charge of a public parking business or an auto sales or repair business shall permit a vehicle to be parked on a street or public right-of-way while that vehicle is in the custody of the business for the purpose of being parked, offered for sale or repaired. As used in this section, “person in charge” means an owner, operator or employee who is physically present and actually supervising operation of the business; “public parking business” means a business offering public off-street parking as a service; and “auto sales or repair business” means a business offering new or used vehicles for sale or offering vehicle repair service.

(b) If a vehicle is parked on the street while in the custody or possession of a public parking business or an auto sales or repair business it is prima facie evidence that the person in charge permitted the vehicle to be parked on the street. (Ord. No. 3606, § 1, 11-30-81; Ord. No. 4003, § 9, 2-3-92; Ord. No. 4125, § 1, 4-10-95)

Sec. 35-78. General exceptions.

The provisions of this article shall not apply to the stopping, standing or parking of any ambulance, fire engine, police car or other emergency vehicle when such vehicle is under the control of authorized city, county, state or federal employees; or to the stopping, standing or parking of any city vehicle when such stopping, standing or parking occurs in the course of city maintenance. (Ord. No. 3606, § 1, 11-30-81; Ord. No. 4125, § 1, 4-10-95)

Sec. 35-79. Cumulative effect.

The parking restrictions in this article are in addition to parking restrictions contained in other sections of the city code. The effect of all city code parking restrictions shall be cumulative and in order for a vehicle to stop, stand or park in a particular location or in a particular manner the stopping, standing or parking must comply with all applicable city code parking regulations. (Ord. No. 3606, § 1, 11-30-81; Ord. No. 4125, § 1, 4-10-95)

DIVISION 5. PENALTIES AND PROCEDURES

Sec. 35-80. Continuing violations.

Unless a shorter time period is specified by a particular section, each consecutive twenty-four-hour period that a vehicle is parked, stopped or left standing in any manner contrary to the provisions of this article shall constitute a new offense and the police department shall issue additional parking citations for each such period in which the vehicle is improperly parked, stopped or left standing. (Ord. No. 3606, § 1, 11-30-81; Ord. No. 4125, § 1, 4-10-95)

Sec. 35-81. Parking violation notice and procedures.

The police department shall have authority to issue parking violation notices.

(1) The notice shall state the amount of the required payment, instructing the owner or operator of such vehicle to make payment to the city treasurer’s office. The violation notices shall be numbered consecutively, shall state the time, date and location that the violation notice was issued, the name of the issuing officer, the number of the city code section which has been violated, a brief description of the violation and the make and license number of the vehicle. The violation notice shall be affixed to the vehicle that has been improperly parked, stopped, or left standing. If the vehicle is a vehicle meant to be towed, such as a house trailer, tent trailer, utility trailer, travel trailer, boat, or snowmobile, then the violation notice shall be affixed to said vehicle and either hand-delivered to the record owner thereof or mailed to the last-known address of the record owner as appears on the vehicle registration records of the state of Idaho. Each person violating the provisions of this article shall make payment to the city treasurer’s office within thirty (30) calendar days of the date the parking violation notice was issued. The payment required for each notice of improper parking in violation of the provisions of this article shall be as follows:

For any violation of Division 2, except section 35-66(2)(o) – Ten dollars ($10.00);

For any violation of section 35-66(2)(o) – Twenty-five dollars ($25.00);

For any violation of Division 3 – Ten dollars ($10.00);

For any violation of Division 4 – Fifteen dollars ($15.00);

For any violation of the Normal Hill Residential Parking Program as adopted by Resolution 2006-53 or any other neighborhood or residential parking program authorized by the city council – Fifty dollars ($50.00).

(2) The failure of any operator or owner to make such payments to the city treasurer’s office within the time prescribed above shall render the operator thereof subject to the penalties as provided by sections 35-82 and 35-84 of this code.

(3) All payments for violations as provided above shall be doubled if not paid within thirty (30) calendar days of the date the parking violation notice was issued. The city may attempt to recover any unpaid amounts through city bill collection procedures.

(4) If any vehicle is found stopped, standing, or parked in any manner violative of the provisions of this article and the identity of the driver of the vehicle cannot be determined, the owner or person or corporation in whose name said vehicle is registered or the named lessee in a rental or lease agreement of said vehicle shall be held prima facie responsible for said violation. (Ord. No. 3606, § 1, 11-30-81; Ord. No. 4125, § 1, 4-10-95; Ord. No. 4262, § 1, 4-24-00; Ord. No. 4452, § 1, 8-21-06; Ord. No. 4476, § 1, 8-13-07; Ord. No. 4738, § 2, 2-25-19)

Sec. 35-82. Infraction penalties.

Any person who shall violate or fail to comply with any of the provisions of this article, or who shall counsel, aid or abet any such violation or failure to comply, shall be deemed guilty of an infraction and subject to the issuance of an infraction citation in the magistrate’s court of the second judicial district and shall be punished by a fine not to exceed one hundred dollars ($100.00). (Ord. No. 3606, § 1, 11-30-81; Ord. No. 4125, § 1, 4-10-95)

Sec. 35-83. Parking violations declared nuisances.

Considering the safety, health, welfare and general well-being of the inhabitants of the city, the council hereby declares that any vehicle parked upon or within any public street, alley, thoroughfare or city parking lot in the city in violation of any portion of this article constitutes a nuisance. (Ord. No. 3606, § 1, 11-30-81; Ord. No. 4125, § 1, 4-10-95)

Sec. 35-84. Vehicle towing or booting authorized in certain circumstances.

Any vehicle parked, stopped or left standing in violation of the provisions of this article, which vehicle impedes traffic, blocks access into any parking lot or driveway, which poses a traffic hazard, or any vehicle unlawfully parked, stopped or left standing in a designated handicapped parking space, or which has been issued three (3) separate parking violations that remain unpaid after the time set forth in section 35-81, may be, without notice to the owner of such vehicle, towed by the chief of police, his officers, agents, or employees, to an impoundment area, and kept at such impoundment area or booted, until all towage charges, impoundment fees, booting charges and unpaid tickets are paid by the owner or person entitled to possession of said vehicle. (Ord. No. 3606, § 1, 11-30-81; Ord. No. 4125, § 1, 4-10-95; Ord. No. 4205, § 2, 11-17-97)

Sec. 35-85. Appeal of parking violation notice.

(a) An owner or operator of a vehicle issued a parking violation notice may appeal such parking violation notice to the support services commander by filing a written notice of appeal with the Lewiston police department on a form prescribed by the Lewiston police department within fifteen (15) calendar days of the date such parking violation notice was issued. The notice of appeal shall specify the grounds for appeal.

(b) The support services commander shall review the appeal and make a decision regarding the appeal within ten (10) calendar days of the date the notice of appeal was filed. The support services commander may grant the appeal or deny the appeal. The support services commander’s decision shall be final.

If the support services commander grants the appeal, then the appellant shall be notified of such decision. If an appeal is granted, then the parking violation notice shall be voided and the appellant shall not be required to pay the violation fee.

If the support services commander denies the appeal, then the appellant shall be notified of such denial, in writing, which may be delivered by: (1) personal delivery; (2) first class, certified, or registered mail, addressed to the appellant’s last known address; or (3) e-mail. If an appeal is denied, then the parking violation notice shall be deemed valid and the violation fee shall be paid within the time and in the manner set forth in section 35-81 of this code. Late payments shall be subject to the penalty provided for in section 35-81(3) of this code. (Ord. No. 4738, § 3, 2-25-19)

Secs. 35-8635-98. Reserved.

ARTICLE V. TRUCK ROUTES

Sec. 35-99. Definitions.

For the purposes of this article, the following words shall have the meanings indicated, unless the context clearly requires otherwise:

Truck means a vehicle designed or operated for the transportation of property and for which body weight or combined body and load weight exceeds eight thousand (8,000) pounds.

Deviating truck means a truck which leaves and departs from a truck route while traveling to a specific destination for delivery or pickup.

Local truck means any truck originating either outside or inside the city limits that has as its immediate destination some point within the city limits.

Through truck means any truck originating outside the city and destined for points beyond or outside the city.

Truck route means a way over certain streets, as designated in this article, over and along which trucks coming into and going out of the city must operate. Such streets are generally designed to withstand heavier than usual vehicle loads. (Code 1960, § 19-89; Ord. No. 2229, § 1; Ord. No. 3378, § 1, 7-11-77; Ord. No. 3518, § 2, 9-22-80)

Sec. 35-100. Designated.

(a) Those trucks that are considered through trucks shall traverse the following routes to arrive at their destination:

(1) Grelle Avenue east of Lindsey Creek Road.

(2) Lindsey Creek Road.

(3) Lapwai Road.

(4) Main Street from 21st Street to Lapwai Road.

(5) All of U.S. 12 in the city limits.

(6) All of U.S. 95 in the city limits.

(7) Dike Bypass.

(8) Snake River Avenue.

(9) State Highway 128 known as Down River Avenue.

(10) Old Spiral Highway.

(11) “G” Street from 18th Street to 21st Street.

(12) 18th Street from Main Street to “G” Street.

(b) All local trucks up to the maximum weights and lengths as set forth in Idaho Code, Sections 49-1001 and 49-1010, shall be permitted to traverse the following established truck routes:

(1) Lapwai Road.

(2) Lindsey Creek Road.

(3) Southway and 16th Avenue from Snake River Avenue to 21st Street.

(4) Bryden Avenue from 4th Street to Thain Road.

(5) Grelle Avenue east of Lindsey Creek Road.

(6) 17th and 5th Streets routes from 16th Avenue to Bryden Avenue.

(7) Bryden Canyon Road from the Southway Bridge to 4th Street.

(8) Main Street east of 18th Street.

(9) Mill Road.

(10) Snake River Avenue.

(11) All of U.S. 12 within the city limits.

(12) All of U.S. 95 within the city limits.

(13) 21st Street from U.S. 12 to 19th Avenue.

(14) Thain Grade from 19th Avenue to Stewart Avenue.

(15) Thain Road.

(16) 14th Street from Powers Avenue to Ripon Avenue.

(17) Ripon Avenue from 14th Street to Barr Road.

(18) Barr Road.

(19) Gun Club Road from Lapwai Road to 10th Street.

(20) 10th Street from Stewart to Thain Road.

(21) State Highway 128 known as Down River Road.

(22) Dike Bypass from 18th and Main Streets to the Interstate Bridge.

(23) Old Spiral Highway.

(24) 6th Avenue North from Highway 128 to 12th Street North.

(25) 20th Street North from the Old Spiral Highway to 3rd Avenue North.

(26) “G” Street from 18th Street to 21st Street.

(27) 18th Street from Main Street to “G” Street.

(28) 15th Street North from 3rd Avenue North to 6th Avenue North.

(29) 3rd Avenue North from 6th Avenue North to 20th Street North.

(30) 18th Street North from 3rd Avenue North to Highway 128.

(31) 28th Street.

(32) Frontage Road.

(c) Truck travel or traffic is prohibited on Main Street between Fifth Street and Ninth Street between the hours of 10:00 a.m. and 12:00 midnight. All deliveries to properties located on Main Street between Fifth and Ninth Streets during prohibited hours shall be made using “F” Street or “D” Street. (Code 1960, § 19-90; Ord. No. 2229, § 3; Ord. No. 3378, § 2, 7-11-77; Ord. No. 3518, § 3, 9-22-80; Ord. No. 3622, § 1, 2-1-82; Ord. No. 3858, § 1, 4-6-87, Ord. No. 4003, § 10, 2-3-92; Ord. No. 4377, § 1, 1-10-05; Ord. No. 4458, § 1, 11-27-06; Ord. No. 4472, § 1, 6-25-07)

Sec. 35-101. Deviations from truck routes.

(a) Outside origin.

(1) One inside destination point. All trucks entering the city for a destination point in the city shall proceed only over an established truck route and shall deviate only at the intersection with the street upon which such traffic is permitted nearest to the destination point. Upon leaving the destination point, a deviating truck shall return to the truck route by the shortest permissible route.

(2) Multiple inside destination points. All trucks entering the city for multiple destination points shall proceed only over established truck routes and shall deviate only at the intersection with the street upon which such traffic is permitted nearest to the first destination point. Upon leaving the first destination point a deviating truck shall proceed to other destination points by the shortest direction and only over streets upon which such traffic is permitted. Upon leaving the last destination point, a deviating truck shall return to the truck route by the shortest permissible route.

(b) Inside origin.

(1) Outside destination point. All trucks on a trip originating within the city and traveling in the city for a destination point outside the city shall proceed by the shortest direction over streets on which such traffic is permitted to a truck route as herein established.

(2) Inside destination points. All trucks on a trip originating in the city and traveling in the city for destination points in the city shall proceed only over streets upon which such traffic is permitted.

(c) Temporary truck routes. The city council may, by resolution, provide for temporary truck routes on streets within the city not otherwise designated as truck routes. Any temporary truck route so designated shall have a duration of no longer than six (6) months. (Code 1960, § 19-91; Ord No. 2229, §§ 3, 4; Ord. No. 4238, § 1, 6-14-99)

Sec. 35-102. Maps.

The clerk shall keep and maintain accurate maps setting out truck routes and streets upon which truck traffic is permitted. Such maps shall be kept on file in the office of the clerk and shall be available to the public. (Code 1960, § 19-92; Ord. No. 2229, § 5)

Sec. 35-103. Signs.

(a) The director of public works shall cause all truck routes and those streets upon which truck traffic is permitted to be clearly signed to give notice that the provisions of this article are in effect.

(b) Street signs shall show “Through Truck Route,” “Local Truck Route,” or “Trucks over 8,000 lbs. Prohibited.” (Code 1960, § 19-93; Ord. No. 2229, § 5; Ord. No. 3378, § 3, 7-11-77; Ord. No. 3518, § 4, 9-22-80; Ord. No. 3858, § 2, 4-6-87)

Sec. 35-104. Weighing authorized.

The police shall have the authority to require any person driving or in control of any commercial vehicle not proceeding over a truck route or street over which truck traffic is permitted to proceed to any public or private scale available for the purpose of weighing and determining whether this article has been complied with. (Code 1960, § 19-94; Ord. No. 2229, § 5; Ord. No. 4003, § 11, 2-3-92)

Sec. 35-105. Applicability of article.

All trucks within the city shall be operated only over and along the truck routes established in this article and on the other designated streets over which truck travel is permitted; provided, that nothing in this article shall prohibit:

(1) Operation on street of destination. The operation of trucks upon any street where necessary to the conduct of business at a destination point; provided, that streets upon which such traffic is permitted are used until reaching the intersection nearest the destination point.

(2) Emergency vehicles. The operation of emergency vehicles upon any street in the city.

(3) Trucks owned by city, public utilities, etc. The operation of trucks owned or operated by the city, public utilities, any contractor or material man while engaged in the repair, maintenance or construction of streets, street improvements or street utilities within the city.

(4) Detoured trucks. The operation of trucks upon any officially established detour in any case where such truck could lawfully be operated upon the street for which such detour is established.

(5) Franchisees or contractors. The operation of trucks by franchisees or contractors with the city when operating over truck routes expressly approved by the franchise agreement or contract with the city.

(6) Private enterprise on nighttime calls. The operation and parking of trucks not to exceed twenty-five thousand (25,000) pounds in gross weight, including the weight of the vehicle, in residential zones for those businesses that provide a twenty-four-hour service to require a person and a truck to perform that business’s services.

(7) Trucks licensed for weights over seventy-nine thousand (79,000) pounds gross weight. Any truck licensed by the state of Idaho for weight exceeding seventy-nine thousand (79,000) pounds gross weight, including the weight of the vehicle, shall be permitted to traverse those routes outlined in section 35-100. (Code 1960, § 19-95; Ord. No. 2229, § 2; Ord. No. 3378, § 4, 7-11-77; Ord. No. 3518, § 5, 9-22-80)

Sec. 35-106. City to honor special permits issued by state.

All special permits issued by the state of Idaho to the trucks wishing to traverse through or destined for the city of Lewiston shall be honored by the city over those streets outlined in section 35-100. (Ord. No. 3518, § 6, 9-22-80)

Sec. 35-107. Deviation from truck route – Infraction.

It is hereby declared to be an infraction for a truck as defined in section 35-99 of this code to travel on or traverse over a route not identified in section 35-100 of this code as a truck route or for a truck to travel on or traverse Main Street between Fifth Street and Ninth Street. (Ord. No. 3858, § 3, 4-6-87)

Secs. 35-10835-110. Reserved.

ARTICLE VI. RESERVED3

Secs. 35-11135-131. Reserved.

ARTICLE VII. BICYCLES, MOTOR BICYCLES, MOTOR SCOOTERS, SKATEBOARDS, ROLLER SKATES, GO-CARTS AND SCOOTERS

DIVISION 1. GENERALLY

Sec. 35-132. Definitions.

For the purposes of this article, the following words shall have the meanings indicated unless the context clearly requires otherwise:

Bicycle means a vehicle operated by human power and designed to travel on not more than three (3) wheels in contact with the ground.

Motor bicycle means a bicycle to which there has been attached a motor to propel the same by a mechanical means.

Motor scooter means a motor-propelled vehicle having two (2) or more wheels in contact with the ground, the wheels being twelve (12) inches or less in diameter, and not classified as a motorcycle. (Code 1960, § 19-109)

Sec. 35-133. Reserved.

Editor’s note – Ord. No. 4003, § 1, adopted Feb. 3, 1992, repealed § 35-133, obedience to traffic laws. Former § 35-133 derived from the 1960 Code, § 19-110.

Sec. 35-134. Riding on handlebars, etc., prohibited.

The operator of a motorcycle or bicycle, when upon a street, shall not carry any other person upon the handlebar, frame or tank of any such vehicle, nor shall any person so ride upon any such vehicle. (Code 1960, § 19-111)

Secs. 35-135, 35-136. Reserved.

Editor’s note – Ord. No. 4003, § 1, adopted Feb. 3, 1992, repealed § 35-135 and § 35-136. The aforesaid sections were concerned with age limit operators and number of persons on machine, and derived from the 1960 Code, §§ 19-112 and 19-113.

Sec. 35-137. Operation generally.

No person shall coast any bicycle, motor bicycle or scooter upon any hill of the city, ride without at least one (1) hand on the handlebar or operate the same without proper brakes. (Code 1960, § 19-114)

Sec. 35-138. Riding bicycle on sidewalk prohibited.

No person shall ride a bicycle upon the sidewalks in the central business district as defined by Lewiston City Code section 37-145. The foregoing shall not prohibit sworn police officers in the performance of their duties as police officers on bicycle patrol from using city sidewalks. (Ord. No. 4042, § 1, 7-6-92; Ord. No. 4519, § 1, 10-27-08)

Secs. 35-13935-140. Reserved.

Editor’s note – Ord. No. 4003, § 1, adopted Feb. 3, 1992, repealed §§ 35-138 – 35-140 which concerned riding bicycles and impoundment. The aforesaid derived from the 1960 Code, §§ 19-115, 19-117 and 19-118 respectively.

Sec. 35-141. Mufflers required.

No person shall operate any motor scooter or motor bicycle in the city without having the same equipped with a muffler. (Code 1960, § 19-119)

Sec. 35-142. Reserved.

Editor’s note – Ord. No. 4003, § 1, adopted Feb. 3, 1992, repealed § 35-142 concerning lights, which derived from the 1960 Code, § 19-120.

Sec. 35-143. Skateboards, roller skates, go-carts, street luges and scooters prohibited.

(a) It is unlawful for any person to ride on or propel any skateboard, roller skates, go-carts, street luges or scooters on any public sidewalk adjacent to the following public streets:

Main Street beginning on the Interstate Bridge and running to 9th Street;

The south sidewalk along D Street between 1st Street and 9th Street;

F Street between 5th Street and 9th Street;

1st Street between D Street and Main Street;

2nd Street between D Street and Main Street;

3rd Street between D Street and Main Street;

4th Street between D Street and Main Street;

5th Street between D Street and 2nd Avenue;

6th Street between D Street and Main Street;

7th Street between D Street and Main Street;

8th Street between D Street and Main Street;

Temple Lane;

9th Street between D Street and Trevitt Park;

Bryden Canyon Road;

Sidewalks adjacent to State Highway on the Clearwater Memorial Bridge;

(b) It shall be unlawful for any person to ride on or propel any skateboard, roller skates, go-cart, street luge or scooter in Brakenbury Square, Rettig Plaza, Civic Center Plaza, Pioneer Park, or on any of the following public streets:

Prospect Avenue between 3rd Avenue and Main Street;

5th Street between 3rd Avenue and Main Street;

9th Street between Trevitt Park and Main Street;

Miller Street between 7th Avenue and Idaho Street;

13th Street between 8th Avenue and Main Street;

14th Street between Stewart Avenue and 8th Avenue;

17th Street between Stewart Avenue and 9th Avenue;

18th Street between 9th Avenue and Main Street;

The entire length of 21st Street;

Vineyard Drive;

The entire length of Thain Road;

Memorial Bridge;

11th Avenue between Prospect Avenue and Snake River Avenue;

Bryden Canyon Road;

Or within a parking lot owned by the city of Lewiston, except parking lots in Kiwanis Park. (Ord. No. 3947, § 1, 8-21-89; Ord. No. 3971, § 1, 7-23-90; Ord. No. 4236, § 1, 6-28-99)

Sec. 35-144. Definitions.

For the purposes of sections 35-143, 35-145 and 35-146, the terms herein are defined as follows:

Go-cart means a small vehicle distinguished by small wheels, usually four (4), capable of carrying one (1) or two (2) persons, propelled by an engine and designed for use as a sport or toy rather than on-street transportation.

Roller skates means skates with small wheels, usually four (4), for use on a smooth surface.

Scooter means small-wheel carts or wagons upon or in which one (1) or two (2) persons may ride, having no engine, but is usually propelled by foot power, pushed by another or allowed to coast downhill.

Skateboard means any short board composed of wood, plastic or other material to which is attached roller-skate-type wheels upon which a person sits, stands, kneels or lies while the device is in motion. (Ord. No. 3947, § 2, 8-21-89)

Sec. 35-145. Skateboarding on private property.

No person shall ride or propel any skateboard, roller skates, go-cart or scooter upon the land of another without the permission of the landowner or the tenant in possession where such land has been posted in a conspicuous manner upon or near the boundaries of such land with signs legibly printed informing persons of said prohibition. (Ord. No. 3947, § 3, 8-21-89)

Sec. 35-146. Penalty.

A violation of sections 35-143 and 35-145 of this division shall be an infraction as defined by Idaho Code, Section 18-111 and shall be punishable by a civil penalty not exceeding one hundred dollars ($100.00). (Ord. No. 3947, § 4, 8-21-89)

Sec. 35-147. Reserved.

DIVISION 2. RESERVED4

Secs. 35-14835-166. Reserved.

ARTICLE VIII. PEDESTRIANS

Sec. 35-167. Subject to traffic control signals; right-of-way in crosswalks.

Pedestrians shall be subject to traffic control signals at intersections and the directions of officers directing traffic at intersections. Where traffic control signals are not in place or in operation, the operator of a vehicle shall yield the right-of-way, slowing down or stopping if need be, to so yield to any pedestrian crossing the roadway within a marked crosswalk or within any crosswalk at any intersection. Whenever any vehicle is stopped at a crosswalk to permit a pedestrian to cross the roadway, it shall be unlawful for the operator of any vehicle approaching from the rear to overtake and pass such stopped vehicle. (Code 1960, § 19-130)

 

Sec. 35-168. Jaywalking prohibited.

No pedestrian shall cross any roadway within the city except at intersections or marked crosswalks. (Code 1960, § 19-131)

Sec. 35-169. Walking on left where no sidewalk provided.

Pedestrians on any street or highway of the city, where no sidewalk is provided, shall proceed on the extreme left-hand side of the roadway. Upon the approach of an oncoming vehicle, pedestrians shall step to their left and clear of the roadway. (Code 1960, § 19-132)

Secs. 35-17035-174. Reserved.

ARTICLE IX. PARADES AND PUBLIC ASSEMBLIES5

Sec. 35-175. Purpose.

The purposes of the regulations set forth in this article are to:

(1) Set forth the standards of issuance of a parade or public assembly permit;

(2) Ensure that emergency services, such as police, fire, and ambulance, are available for a parade or public assembly taking place within the corporate limits of the city of Lewiston;

(3) Ensure that emergency services, such as police, fire, and ambulance, are not prevented or unreasonably inhibited from providing such emergency services due to a parade or public assembly;

(4) Ensure that private businesses are not unreasonably impacted by parades and public assemblies;

(5) Ensure that traffic on public streets, alleys, and sidewalks is not unreasonably disrupted by parades and public assemblies;

(6) Maintain public safety during parades and public assemblies; and

(7) Protect public property. (Ord. No. 4727, § 2, 8-19-19)

Sec. 35-176. Definitions.

The following words and phrases when used in this article shall have the meanings set forth in this section:

(1) Applicant: Any person applying for a permit pursuant to this article.

(2) Central business district: The area described as the central business district in section 37-145 of this code.

(3) Chief of police: The chief of police of the city of Lewiston or the chief of police’s authorized designee.

(4) Community development director: The community development director of the city of Lewiston or the community development director’s authorized designee.

(5) Fire chief: The fire chief of the city of Lewiston or the fire chief’s authorized designee.

(6) Parade: Any dash, demonstration, march, marathon, parade, procession, public assembly, race, rally, or like activity consisting of persons, animals, or vehicles or a combination thereof within the city with an intent of attracting public attention that has a tendency to interfere with the normal flow or regulation of traffic upon public streets or alleys, as determined by the public works director.

(7) Permit: The permit as required by this article for a parade or public assembly. An approved application will serve as the permit.

(8) Permittee: Any person, firm, partnership, association, corporation, company or organization of any kind granted a permit for an activity regulated by this article.

(9) Person: A person, firm, partnership, association, corporation, company, or organization of any kind.

(10) Public assembly: Any meeting, demonstration, rally, or gathering that is open to the public of more than twenty-five (25) persons for a common purpose as a result of prior planning that: (a) interferes with or has a tendency to interfere with the normal flow or regulation of pedestrian or vehicular traffic, as determined by the public works director; and/or (b) occupies a public street or alley, sidewalk, or other public property managed by the city of Lewiston, or any portion thereof.

(11) Public street or alley: Any place or way set aside or open to the general public for primary purposes of vehicular traffic, including any berm or shoulder, parkway, right-of-way, or median strip thereof.

(12) Public works director: The public works director of the city of Lewiston or the public works director’s authorized designee.

(13) Sidewalk: Any area or way set aside or open to the general public for purpose of pedestrian or nonmotorized traffic, whether or not it is paved. (Ord. No. 4727, § 2, 8-19-19)

Sec. 35-177. Permit required.

It shall be unlawful for any person to conduct or participate in a parade or public assembly in the city unless and until a permit to conduct such parade or public assembly has been obtained from the public works director in accordance with this article. (Ord. No. 4727, § 2, 8-19-19)

Sec. 35-178. Exceptions to permit requirement; parking plans required.

(a) Exceptions. This article shall not apply to the following:

(1) Funeral processions;

(2) Yard sales and garage sales;

(3) Events held outside of the central business district that do not, in the opinion of the public works director, substantially interfere with the normal flow or regulation of pedestrian or vehicular traffic on any public street or alley or sidewalk; or

(4) Events held on property owned by Nez Perce County, Idaho; Lewis-Clark State College; Independent School District No. 1 of Nez Perce County, Idaho; or churches, so long as such events do not occupy a public street or alley, sidewalk, or other public property managed by the city of Lewiston, or any portion thereof; provided, however:

a. This exemption shall not apply to events held at the Lewiston-Nez Perce County Regional Airport, and

b. Such entities shall be responsible for submitting parking plans in accordance with this section.

(b) Parking plans. Nez Perce County, Idaho; Lewis-Clark State College; Independent School District No. 1 of Nez Perce County, Idaho; and churches shall notify the public works department in writing of events to be held on property owned by such entities, which events are expected to attract a large number of persons and/or interfere with the normal flow or regulation of pedestrian or vehicular traffic. A parking plan shall accompany such written notice and be provided at least fourteen (14) calendar days prior to such an event.

The public works department shall review the parking plan and assist such entities in ensuring that traffic on public streets, alleys, and sidewalks is not unreasonably impacted; emergency services are not prevented or unreasonably inhibited from providing such services; and public safety will be maintained during the event. The public works department shall forward the written notice and parking plan to the appropriate city departments. (Ord. No. 4727, § 2, 8-19-19)

Sec. 35-179. Application for permit.

An applicant shall obtain an application form from the city and file a completed application to the public works department. An application for a permit shall be filed at least twenty-one (21) days, but not more than one (1) year, in advance of the date of the proposed parade or public assembly.

An application submitted on or between twenty (20) days and fourteen (14) days prior to the event shall be subject to a late penalty fee equal to double the amount of the application fee. An application submitted on or between thirteen (13) days and seven (7) days prior to the event shall be subject to a late penalty fee equal to triple the amount of the application fee. These late penalty fees are in addition to the application fee. An application received less than seven (7) days prior to the event shall not be accepted.

The public works department shall forward a completed and timely filed application to the appropriate city departments for comments, including, but not limited to, the police department, fire department, and community development department. City departments may request information from the applicant that is necessary to demonstrate compliance with applicable provisions of law. Information may be requested on the permit application form or through written or oral inquiries. (Ord. No. 4727, § 2, 8-19-19)

Sec. 35-180. Application fee.

The application fee for a parade or public assembly shall be set by resolution of the city council. The application fee shall be paid at the time an application is filed. The fee is nonrefundable unless the application is withdrawn on the same date it is submitted. (Ord. No. 4727, § 2, 8-19-19)

Sec. 35-181. Contents of application.

(a) Each permit application shall contain, at a minimum, the following information:

(1) The full name, street address, telephone number, email address, and facsimile number, if any, of the applicant;

(2) The full name, street address, telephone number, email address, and facsimile number, if any, of the person in charge of the parade or public assembly, if different from the applicant;

(3) The date when the parade or public assembly is to be conducted;

(4) The name of the parade or public assembly, if any;

(5) The time the parade or public assembly will begin to form and the time the parade or public assembly will begin movement;

(6) The place the parade or public assembly will form;

(7) The route of the parade or public assembly;

(8) The place and time the parade or public assembly will disband;

(9) The approximate number of participants, not including spectators, who will participate in the parade or public assembly and the maximum number who will be allowed to participate;

(10) The approximate number of marchers, animals, floats, automobiles, or other vehicles in the parade or public assembly;

(11) The applicant’s prior parade or public assembly history within the city of Lewiston; if the applicant has not previously applied for or conducted a parade or public assembly within the city of Lewiston, then the applicant’s prior parade or public assembly history within the state of Idaho; in either case, the applicant shall indicate the number of parade or public assembly or similar permits for which the applicant has previously applied;

(12) A certification that the applicant will comply with the city’s noise control regulations, as set forth in Chapter 24, Article II (“Noise Control and Regulation”) of this code;

(13) A thorough plan for controlling disorderly or violent conduct if such might reasonably be expected;

(14) A traffic control plan drawn up by an engineering firm or by a traffic control supervisor certified through the American Traffic Safety Services Association (ATSSA) or the Evergreen Safety Council;

(15) A plan for sanitary and medical facilities;

(16) A plan for cleanup;

(17) The certificate of insurance required by subsection (b) of this section;

(18) A statement that the parade shall continue to move in a reasonable manner and that any willful and excessive delay of said parade, except when reasonably required for safety, shall constitute a violation of the permit;

(19) A certification that the applicant agrees to adhere to and be bound by all commitments and requirements set forth in the application;

(20) Requests for exceptions from one (1) or more requirements established by this article due to unique circumstances associated with the parade or public assembly; and

(21) Such other information as the public works director, chief of police, fire chief, or community development director may deem reasonably necessary.

(b) At the time of application, the applicant shall be required to sign a hold harmless agreement provided by the public works department and provide proof of the insurance required therein.

(c) An approved application shall serve as a parade or public assembly permit. (Ord. No. 4727, § 2, 8-19-19)

Sec. 35-182. Issuance or denial of permit.

(a) Standards for issuance. Only one (1) parade or public assembly permit may be issued for the same time and location. The public works director shall issue parade and public assembly permits on a first come, first served basis. Subject to subsections (b) and (c) of this section, the public works director shall issue a parade or public assembly permit upon receipt and review of an application.

(b) Conditional approval. Based on the factors listed in subsection (c) of this section and in accordance with the time, place, and manner restrictions set forth in section 35-183 of this article, the public works director may authorize a permit for a parade or public assembly on a date, at a time, for a duration, at a location, or in a manner different than that requested by the applicant. In such event, the public works director may propose a conditional parade or public assembly permit setting forth the conditions that differ from those proposed by the applicant. If the applicant desires to accept such conditions, then the applicant shall consent to such conditions in writing within five (5) business days from the date of the public works director’s notice of determination. Upon written consent by the applicant to the conditions, the public works director shall issue the permit.

(c) Standards for denial. The public works director may deny an application for a parade or public assembly permit when the public works director finds that:

(1) The applicant failed to file a complete application;

(2) The applicant failed to timely file an application;

(3) The applicant failed to pay the full application fee and/or late penalty fee;

(4) The application contains false information;

(5) The applicant has, on prior occasions, made material misrepresentations regarding the nature or scope of a parade or public assembly;

(6) The applicant has violated terms of prior parade or public assembly permits issued to the applicant;

(7) The parade or public assembly would interfere with another parade or public assembly for which a permit has been issued;

(8) Sufficient emergency services, such as police, fire, and ambulance, are not available for the parade or public assembly;

(9) The parade or public assembly would prevent or unreasonably inhibit emergency services from being provided to the public;

(10) The parade or public assembly would unreasonably impact private businesses;

(11) The parade or public assembly would unreasonably disrupt traffic on public streets or sidewalks;

(12) The parade or public assembly presents an unreasonable risk to public safety;

(13) The parade or public assembly would cause damage to public property;

(14) There is clear and convincing evidence that the applicant intends to engage in violence during the parade or public assembly; or

(15) The applicant failed to demonstrate compliance with applicable laws and regulations, including, but not limited to, the requirements of this article, Idaho Code, or the Idaho Department of Transportation.

(d) Time for determination. The public works director shall act on an application for a parade or public assembly permit within seven (7) business days from the filing of a complete application; provided, however, if additional information is requested by other city departments pursuant to section 35-179 of this article, then the time for acting on an application shall be extended by the number of days that it takes the applicant to satisfactorily respond to such request for additional information, not to exceed five (5) additional business days.

(e) Notice of determination. The public works director shall provide written notification to the applicant of the director’s determination within the time frames set forth in subsection (d) of this section. If the public works director’s determination is to deny the permit, then the written notice of determination shall set forth the reason(s) for denial, and the applicant shall have the right of appeal set forth in section 35-190 of this article.

(f) Additional amenities. Upon or after issuance of a parade or public assembly permit, the public works director may require the applicant to provide certain amenities, such as portable toilets, garbage cans, security, and signage, based on the anticipated number of participants and the area in which a parade or public assembly will be held. The city may, but shall be under no obligation to, provide additional services to the applicant. (Ord. No. 4727, § 2, 8-19-19)

Sec. 35-183. Time, place, and manner restrictions.

(a) The terms and conditions of a permit shall not infringe upon rights of petition, assembly, or free expression protected by the first amendment of the United States Constitution and/or the Idaho Constitution. Provided, however, the city of Lewiston may impose reasonable time, place, and manner restrictions in accordance with applicable law.

(b) The following restrictions shall apply to parades and public assemblies that require a permit:

(1) It shall be unlawful for a permittee to knowingly fail to comply with any term or condition of a permit issued pursuant to this article.

(2) No permit shall be issued for a parade or public assembly to commence before 7:00 a.m. All parades and public assemblies shall terminate prior to 11:00 p.m. No parade that requires a permit shall exceed three (3) hours in length. City street setup and dispersal, including barricade removal, shall not be included in such time limit.

(3) All parade participants shall assemble for the parade at the time and in the location designated in the parade permit and shall disperse from public property after the conclusion of the parade in order that regular traffic patterns can be restored. (Ord. No. 4727, § 2, 8-19-19)

Sec. 35-184. Officials to be notified.

Upon the issuance of a permit for a parade or public assembly, the public works director shall send a copy thereof to the chief of police, fire chief, community development director, city manager, and other persons or city staff, as appropriate. (Ord. No. 4727, § 2, 8-19-19)

Sec. 35-185. Duties of permittee.

(a) A permittee shall comply with all permit terms and conditions and with all applicable federal, state, and local laws and regulations.

(b) Prior to commencement of a parade or public assembly, a permittee shall inform all participants in the parade or public assembly, either orally or in writing, of the terms and conditions of the approved parade or public assembly permit. (Ord. No. 4727, § 2, 8-19-19)

Sec. 35-186. Other permits may be required.

(a) If a permittee wishes to hold a public assembly in a park, as defined in Chapter 26 of this code, then the permittee shall comply with the requirements of Chapter 26 (Parks and Recreation) of this code, in addition to the requirements set forth in this article.

(b) If a permittee wishes to serve and/or sell beer, wine, or liquor by the drink, as such terms are defined in Chapter 6 of this code, at a parade or public assembly, then the permittee shall comply with the requirements of Chapter 6 (Alcohol Beverages) of this code, in addition to the requirements set forth in this article.

(c) If a permittee wishes to sell goods or services at a parade or public assembly, then the permittee shall comply with the requirements of Chapter 21 (Licenses) of this code, in addition to the requirements set forth in this article. (Ord. No. 4727, § 2, 8-19-19)

Sec. 35-187. Revocation of permit.

(a) Violation. Any permit for a parade or public assembly issued pursuant to this article may be revoked by the public works director for a violation of the terms or conditions of the permit. Written notice of such action revoking a permit shall be delivered to the permittee by personal service or by certified mail.

(b) Emergency. A permit for a parade or public assembly issued pursuant to this article may be revoked by the chief of police if the chief of police determines that the conduct of the parade or public assembly would incite violence that would, with reasonable certainty, endanger the public or public safety personnel or result in damage to public or private property. Notice of such action revoking a permit shall be communicated to the permittee as soon as possible after such determination has been made. Additionally, written notice of such action revoking a permit shall be delivered to the permittee by personal service or by certified mail. (Ord. No. 4727, § 2, 8-19-19)

Sec. 35-188. Halting of parade or public assembly.

The Lewiston police department may halt and/or disband a parade or public assembly at any time if participants fail to conform to the terms and conditions of a permit or if an imminent risk of violence arises. (Ord. No. 4727, § 2, 8-19-19)

Sec. 35-189. Interference with parade or public assembly.

It shall be unlawful for any person to knowingly participate in a permitted parade or public assembly without the consent and over the objection of the permittee, or in any manner interfere with the progress or orderly conduct of a parade or public assembly. (Ord. No. 4727, § 2, 8-19-19)

Sec. 35-190. Appeals.

(a) An applicant for a parade or public assembly permit shall have the right to appeal the public works director’s conditional approval or denial of a permit to the city manager within forty-eight (48) hours after receipt of the notice of denial or conditional approval. An applicant must file a written notice of appeal with the city clerk setting forth the specific bases of appeal. The city manager may hold a hearing on the appeal or issue a decision without holding a hearing based on the application materials submitted; comments from city staff including, but not limited to, the chief of police, fire chief, and community development director; the written decision of the public works director; and the notice of appeal. The city manager shall issue a decision prior to the planned date and time of the parade or public assembly and, in any event, within seven (7) business days from the date the notice of appeal is filed with the city clerk. The city manager’s decision shall be final and binding.

(b) A permittee who has been issued a parade or public assembly permit, which permit has been revoked pursuant to section 35-187 of this article, shall have the right to appeal such revocation to the city manager within forty-eight (48) hours after receipt of written notice of revocation. An applicant must file a written notice of appeal with the city clerk setting forth the specific bases of appeal. The city manager may hold a hearing on the appeal or issue a decision without holding a hearing based on the application materials submitted; comments from city staff including, but not limited to, the chief of police, fire chief, and community development director; the written decision of the public works director to issue the permit; the written notice of revocation; the evidence relied upon in deciding to revoke the permit; and the notice of appeal. The city manager shall issue a decision prior to the planned date and time of the parade or public assembly and, in any event, within seven (7) business days from the date the notice of appeal is filed with the city clerk. The city manager’s decision shall be final and binding. (Ord. No. 4727, § 2, 8-19-19)

Sec. 35-191. Violation; penalty.

(a) It shall be unlawful for any person to knowingly conduct or participate in a permitted parade or public assembly in violation of any of the terms or conditions of said permit.

(b) Any person who violates or fails to comply with the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished as set forth in section 1-7 of this code. (Ord. No. 4727, § 2, 8-19-19)

Sec. 35-192. Controlling municipal law.

This article is subject to amendment at any time. An application for a parade or public assembly permit shall be issued pursuant to the standards set forth in this article at the time the application is filed. Conduct during the parade or assembly shall be governed by standards set forth in this article at the time the parade or public assembly occurs. (Ord. No. 4727, § 2, 8-19-19)

Sec. 35-193. Severability.

If any provision of this article is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this article that can be given effect without the invalid provision. (Ord. No. 4727, § 2, 8-19-19)


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Cross references – Motor vehicles at airport, § 5-50 et seq.; manufactured homes, manufactured home parks and tourist facilities, Ch. 23; excessive noise in operation of vehicle, § 24-28; traffic in parks, § 26-36; public right-of-way, Ch. 31; subdivisions, Ch. 32; taxicabs and other vehicles for hire, Ch. 34; zoning, Ch. 37.


2

Editor’s note – Ord. No. 3606, § 1, enacted Nov. 30, 1981, repealed former Art. IV, containing regulations relative to stopping, standing and parking, and enacted in lieu thereof a new Art. IV as herein set out. Former Art. IV was derived from the 1960 Code, §§ 19-75, 19-77 – 19-84, 19-87 – 19-88.1, 19-88.6 – 19-88.11; Ord. No. 2454; Ord. No. 2678; Ord. No. 2725; Ord. No. 2728; Ord. No. 3042, adopted July 26, 1971; Ord. No. 3109, adopted Oct. 24, 1972; Ord. No. 3116, adopted Oct. 30, 1972; Ord. No. 3128, adopted Jan. 2, 1973; Ord. No. 3159, adopted Aug. 27, 1973; Ord. No. 3336, adopted Dec. 6, 1976; Ord. No. 3438, adopted April 3, 1978; Ord. No. 3439, adopted April 10, 1978; Ord. No. 3441, adopted April 24, 1978; Ord. No. 3442, adopted April 24, 1978; Ord. No. 3518, adopted Sep. 22, 1980; and Ord. No. 3528, adopted July 7, 1980.


3

Editor’s note – Ord. No. 4003, § 1, adopted Feb. 3, 1992, repealed §§ 35 -111 – 35-131 which comprised Art. VI. Former Art. VI was concerned with abandoned vehicles, and derived from Ord. No. 3525, adopted July 7, 1980; Ord. No. 3563, adopted March 23, 1981; and Ord. No. 3637, adopted April 19, 1982.


4

Editor’s note – Ord. No. 4003, § 1, adopted Feb. 3, 1992, repealed §§ 35-148 – 35-156 which comprised Div. 2, bicycle registration. Former Div. 2 derived from the 1960 Code, §§ 19-121 – 19-129.


5

Editor’s note – Ord. No. 4727, adopted August 19, 2019, repealed and replaced Article IX, pertaining to special events, derived from Ord. No. 4036, § 1.