Chapter 10.08


10.08.010    Definition of truck.

10.08.020    Parking prohibited.

10.08.030    Noise regulation.

10.08.040    Owner responsible.

10.08.050    School parking.

10.08.060    Seasonal and maintenance restrictions.

10.08.070    Stopping or parking to be prohibited or limited near hazardous or congested areas.

10.08.080    Violations--Penalty.

10.08.010 Definition of truck.

For the purposes of this chapter, a truck is defined as any motor vehicle with four or more wheels, the principal use of which is for the transportation or storage of goods on the public highways on a commercial basis; provided, however, that a truck as defined in this section shall not include pickup trucks or standard sized vans. (Ord. 87 §1, 1981)

10.08.020 Parking prohibited.

A.    Between the hours of five p.m. and eight a.m. local time, it is unlawful for any person to stop or park a truck as defined in this chapter on or along any part of Canyon Street within the town, that is, from the north town boundary at Canyon Street to Yellowstone Avenue, for a period of more than one hour.

B.    Upon any highway outside of a business or residence district, no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main traveled part of the highway when it is practical to stop, park or so leave such vehicle off such part of said highway.

C.    No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a peace officer or traffic control device, in any of the following places:

1.    On a sidewalk;

2.    In front of a public or private driveway; 3. Within an intersection;

4.    Within fifteen feet of a fire hydrant; except that vehicles loading or unloading goods or property may park within fifteen feet of a fire hydrant for a period not exceeding thirty minutes;

5.    Within twenty feet of the driveway entrance to any emergency facility, including any fire station, police station or emergency medical service station;

6.    Within any zone or area in which the curb or street is clearly marked with yellow paint placed in that area by the town or any agent of the town;

7.    At any place where official signs prohibit stopping;

8.    On the north side of Highway 20 from the intersection of Canyon Street and Firehole Avenue west to the town limits at Iris Street;

9.    In any parking space on public or private property that is clearly identified by an official sign as being reserved for use by a person with a disability, un less the vehicle being parked is lawfully displaying a parking permit issued under Title 49, Chapter 4, Part 3, Montana Code Annotated, or displaying a distinguished license plate or placard for a person with a disability that was issued by a foreign jurisdiction conferring the same parking privileges as conferred in Section 49-4-302(1), MCA, and conveying a person with a disability or one displaying a specially inscribed license plate issued under Section 61-3-332(10)(C)(i)(A), MCA and conveying a one hundred percent disabled veteran.

D.    No vehicle shall be parked or left standing upon the right-of-way of any public highway for a period longer than forty-eight hours, or upon any town street, or any state, county or town property not reserved for parking purposes for a period longer than five days.

E.    No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway and directed or headed in the direction of lawful traffic movement on such roadway, and with the righthand wheels of the vehicle within eighteen inches of the curb of such roadway.

F.    No person shall stand or park a vehicle on a street or roadway marked with parking lines other than in such a manner that the vehicle is completely within the lines and pointed in a direction consistent with the direction of lawful traffic movement on such street or road.

G.    No person shall camp in, or occupy as, a temporary sleeping area any vehicle or temporary structure, including but not limited to tents, vans, pick-up campers, travel trailers, fifth wheels or motorhomes on any town property, including but not limited to streets and avenues, town parks, improved or unimproved town lots, or town facility parking lots at any time. The town council may waiver this requirement (by majority vote) for organizations with specific pre-planned events beyond the capability of local campgrounds, and set costs for this waiver at a level they consider to be appropriate.

H.    Enforcement of this section is the responsibility of the local police department.

I.    No obstacles or items of any kind shall be placed on any property owned by the town, including all properties identified as parks. Parking of vehicles, trailers, campers, motorcycles, etc., shall only be allowed on public property in accordance with the official signs attendant to each property. (Ord. 262 §2, 2016; Ord. 197, 1998; Ord. 165, 1994; Ord. 159, 1994; Ord. 158, 1993)

10.08.030 Noise regulation.

It is unlawful for any person to permit a truck as defined in this chapter to be left with its main or auxiliary engines of any type whatsoever in an on or running condition for a period of time longer than one hour while stopped or parked on any of the public streets or alleys of the town between the hours of ten p.m. and six a.m., and this provision shall apply whether or not such truck is occupied while so stopped or parked. (Ord. 87 §3, 1981)

10.08.040 Owner responsible.

If any truck is found upon a street, alley or highway in violation of this chapter, and the identity of the operator cannot be determined, the owner or person in whose name the vehicle is registered, shall be prima facie responsible for such violation. (Ord. 87 §4, 1981)

10.08.050 School parking.

A.    During the time from the official beginning date of the academic year for the West Yellowstone Public School until the official date for the end of that academic year, including nights, weekends and holidays, no vehicle shall be parked or left standing upon in the right-of-way of the east one-half of Geyser Street in West Yellowstone, Montana, between its intersection with Gibbon Avenue and its intersection with Alley

B.    Enforcement. The town, in cooperation with School District No. 69, shall enforce this section. This section shall be effective immediately upon its first reading, passage and approval, and at such time as the restricted parking area is appropriately marked with parking signs as directed by the town. (Ord. 179 §2, 1995)

10.08.060 Seasonal and maintenance restrictions.

A.    Purpose. Upon a finding by the town council of the town that removal of snow, dirt and other debris from public streets, highways and rights-of-way during certain months each year is an important and legitimate function of town government, and that failure to remove snow during these times can create traffic and other safety hazards; and upon a further finding that vehicles parked on public streets, highways and rights-of-way can create difficulties in properly removing snow, thereby contributing to the traffic and other safety hazards mentioned above, the town council declares that it is the purpose of this section to enable the town to prohibit parking in such places and at such times it creates difficulty in snow removal.

B.    During the time form November 1st to the following March 31st of each year or years, agents or employees of the town shall be authorized to communicate to owners or users of vehicles a requirements that a vehicle parked in a public street, highway or right-of-way shall be removed to facilitate snow removal from such street, highway or right-of-way. Upon the failure of the owner or user of the vehicle to remove such vehicle within twenty-four hours after such notice, the town shall be authorized to remove the vehicle from the public street, highway or right-of-way at the owner or user’s expense. Additionally, such failure by the owner or user of the vehicle shall constitute a violation of this ordinance, and shall be punishable as provided by law.

C.    During times when snow, dirt and other debris has accumulated on town streets, highways and rights-of-way to the extent that its removal is necessary for proper maintenance of those streets, highways and rights-of-way, the town council or its agent shall be authorized, under appropriate circumstances, to declare a maintenance restriction, designating the streets, highways or rights-of-way where the restriction exists. In that event, town employees or agents shall be authorized to give notice to owners or users of vehicles parked on the affected street, highway or right-of-way that such owners or users must remove their vehicles from the designated area within twenty-four hours. Upon the failure of those owners or users to remove their vehicles within that time, the town shall be authorized to remove the vehicles from the affected streets, highways and rights-of-way, at the owners’ or users’ expense. Additionally, such failure by the owners or users of such vehicles shall constitute a violation of this ordinance and shall be punishable as provided by law. (Ord. 174, 1995)

10.08.070 Stopping or parking to be prohibited or limited near hazardous or congested areas.

A.    The West Yellowstone town council is authorized to determine by resolution and designate by proper signs places in which the stopping, standing or parking of vehicles would create a hazardous condition, would cause a threat to the public health and safety, or would cause unusual traffic delay or congestion and street maintenance.

B.    When official signs are erected at such hazardous or congested places as are determined by resolution of the town council, no person shall stop or park a vehicle in any such designated place, in violation of the prohibitions or limitations contained on such signs. (Ord. 184, 1996)

10.08.080 Violations--Penalty.

Violation of this chapter is a municipal infraction subject to the provisions of Sections 7-1-4150 through 7-1-4152, MCA. (Ord. 207 §§25, 47, 2000)