The purpose of this article is to provide provisions for adequate off-street parking and loading, thereby helping to reduce traffic congestion, promoting more efficient loading operations, allowing more efficient use of on-street parking and reducing the use of public streets for loading purposes.
(Code 1974, § 10.20.001; Ord. 826, § 1, 2003; Code 2018, 34-35)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Commercial vehicle means a vehicle used for a commercial purpose primarily, having a gross weight of 16,000 pounds or more, and having a commercial vehicle tag.
Damaged or disabled vehicle means any motor vehicle which is partially dismantled or wrecked and which cannot safely or legally be operated. The term “damaged or disabled vehicle” also means old, unused, stripped, junked and any other vehicles, machinery, implements, or equipment of any kind which is no longer safely usable for the purposes for which it was manufactured.
Manufactured home means a structure which is subject to the federal act and which is transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein, and such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files with the United States Department of Housing and Urban Development a certification required by the Secretary of Housing and Urban Development and complies with the standards established under the federal act, except that such term shall not include any self-propelled recreational vehicle.
Mobile home means a structure which is not subject to the federal act and which is transportable in one or more sections which, in the traveling mode, is eight body feet or more in width and 36 body feet or more in length and is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein.
Motor vehicle means any self-propelled land vehicle which can be used for towing or transporting people or materials, including but not limited to automobiles, trucks, buses, motor homes, motorized campers, motorcycles, motor scooters, tractors, snowmobiles, dune buggies and other off the road vehicles.
Parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and actually engaged in loading and unloading passengers or property.
Recreational vehicle means camper, motor home, travel trailer, camping trailer, truck camper, converted bus, fifth wheeler, and any other motor vehicle so designed, constructed or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons and customarily or ordinarily used for vacation or recreational purposes. The term “recreational vehicle” also includes a unit that may be mounted on or drawn by another vehicle, which is primarily designed for temporary living or recreational use, such as boats and boat trailers.
Utility trailer means a vehicle without motive power designed for carrying property on its own structure and to be drawn by a vehicle with motive power.
Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a public roadway, excepting electric personal assistive mobility devices or devices moved by human power or used exclusively upon stationary rails or tracks.
(Code 1974, § 10.20.005; Ord. 826, § 1, 2003; Ord. 1003, § 1, 10-27-2015; Code 2018, 34-36)
Where parking stalls or spaces are marked out or designated adjacent to any curb, all vehicles shall be parked or stopped within such stalls or spaces in the direction of the flow of traffic or angle indicated by such markings.
(Code 1974, § 10.20.030; Ord. 826, § 1, 2003; Code 2018, 34-39)
(a) It is unlawful for any person, firm or corporation to park or store any dead, damaged or disabled automobile or vehicle or farm machinery, trailer or semi-trailer of any kind, or parts of such vehicle, or any junk automobiles or vehicles or farm machinery or trailers or semi-trailers, on any street or alley of the city, or between the sidewalk and the curb line of any street.
(b) The repairing of automobiles and other vehicles in the streets, alleys, and parking areas of the city is prohibited; provided, that in case of an emergency, while traveling, temporary repairs can be made so that the vehicle can be moved.
(Code 1974, § 10.20.050; Ord. 826, § 1, 2003; Code 2018, 34-40)
It is unlawful to park any vehicle in any alley for any time of greater duration than reasonably necessary for the expeditious loading or unloading of materials.
(Code 1974, § 10.20.080; Ord. 826, § 1, 2003; Code 2018, 34-42)
(1) Parking is prohibited on Fourth Avenue commencing at its intersection with Ross Avenue and continuing north to the corporate limits of the City of Clearwater, Kansas.
(2) Parking is also prohibited on Park Glen Street commencing at its westernmost intersection with Stoney Creek Street and continuing westerly for 100 feet.
(1) Parking. The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and actually engaged in loading and unloading passengers or property.
(2) Vehicle. For the purposes of this section, vehicle includes motor vehicles, recreational vehicles, commercial vehicles, utility trailers, house trailers, damaged or disabled vehicles, as defined in section 34-36, and every other device in, upon, or by which any person or property is or may be transported or drawn upon a roadway.
(Code 1974, § 10.20.085; Ord. 1010, § 1, 3-8-2016; Ord. No 1035, § 1, 11-14-2017; Code 2018, 34-43)
It is unlawful for any person to stand or park overnight on any city street or right-of-way any commercial vehicle greater than 16,000 pounds, included but not limited to bus, tractor, trailer, manufactured home, mobile home, tractor trailer or truck-trailer combination, or cause or permit any such vehicle or vehicle combination owned by him or under his control to so stand or park.
(Code 1974, § 10.20.090; Ord. 826, § 1, 2003; Code 2018, 34-44)
It shall be unlawful to park any vehicle, recreational vehicle or trailer listed in section 34-36 in front yards in residential zones in the city unless it is upon a parking area, driveway, or loading area which is graded and paved with a material, such as asphalt, concrete, asphaltic concrete, or other equivalent material, if such parking area, driveway or loading area complies with applicable zoning regulations.
(b) Parking of any vehicle or trailer will be permitted on the side yard or backyard of private property as long as no part of such vehicle or trailer extends beyond the eaves of the main structure of the home.
(c) Property must be maintained and follow all codes of ordinances including but not limited to Nuisances (Chapter 8) and Zoning (Chapter 16).
(Code 1974, § 10.20.110; Ord. 826, § 1, 2003; Ord. 965, § 1, 1-22-2013; Ord. 1003, § 2, 10-27-2015; Ord. 1089, § 3, 12-13-2022; Code 2018, 34-45)
No person shall park, stop or leave standing any recreational vehicle on any public roadway except under any of the following conditions:
(a) When legally parked for the purpose of conducting other lawful business while in the immediate area;
(b) When the occupants of the recreational vehicle are the guests or visitors of the residents of the property immediately adjacent to the parked vehicle (only during such time as the occupants are actually visiting the residents and not to exceed more than 72 hours of continuous parking);
(Code 1974, § 10.20.120; Ord. 826, § 1, 2003; Code 2018, 34-46)
(a) It is unlawful for any person or operator, except when necessary for the loading or unloading of property or merchandise, or the performance of services at a residence or business, to park a truck with a manufacturer’s rated capacity of greater than 24,000 pounds, a bus, tractor, road tractor, farm tractor, trailer, semi-trailer, or other commercial vehicle as defined in section 34-36, on any street in a residential district, parks and recreation area, or city-owned property except for areas designated for said parking by the city council, for longer than two hours. In any 24-hour period, it is unlawful for any such vehicle to be parked on the same side of the street, in the same block, for a period or periods of time, the total of which is greater than two hours.
(b) As used in this section, the term “commercial vehicle” means any truck, van, panel truck, delivery van, trailer, semi-trailer or pole trailer drawn by a motor vehicle, which vehicle is designed, used and maintained for the transportation of persons or the delivery of property for hire, compensation, profit or in the furtherance of any commercial enterprise. The term “commercial vehicle” does not include vehicles typically used for passenger or commuting purposes which have a gross weight of 24,000 pounds or under, or motor vehicles which are licensed and registered as a passenger vehicle.
(Code 1974, § 10.20.125; Ord. 926, § 1, 7-27-2010; Code 2018, 34-47)
(a) No person, firm or entity shall leave standing any attached or unattached utility trailer, enclosed trailer, or pole trailer on a public roadway in the city. Provided that, parking of a utility trailer for a period of less than 24 hours of continuous parking is permitted, so long as such trailer is being used in conjunction with the loading, unloading of construction or lawn maintenance equipment, or in active, continuous service as a commercial trailer. As used in this section the term “commercial trailer” means any trailer, and pole trailer drawn by a motor vehicle and which is designed, used and maintained for the transportation and delivery of property for hire, compensation, profit or in the furtherance of any active commercial enterprise.
(b) All trailers must be clearly marked with reflectors or reflective tape in the front, back and both sides of said trailer.
(Code 1974, § 10.20.130; Ord. 826, § 1, 2003; Ord. 932, § 1, 11-9-2010; Code 2018, 34-48)
(a) The city administrator shall recommend upon what streets angle parking shall be permitted and shall mark and sign such streets when appropriately so ordered by the city council. Such angle parking shall not be permitted on any state highway or upon any other street or roadway that is not of sufficient width to permit and not interfere with the free movement of traffic.
(b) When signs or markings are in place indicating angle parking as provided in this section, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings.
(Code 1974, § 10.20.140; Ord. 826, § 1, 2003; Code 2018, 34-49)
The following streets and portions of streets are designated as areas where angle parking shall be permitted:
(a) Ross Avenue: On the north and south sides of the street between Grant Avenue and Lee Avenue, in such locations and spaces as shall be determined and appropriately indicated by markings or signs;
(b) Ross Avenue: On the north side of the street between First Avenue and a location 690 feet east of the intersection of First Avenue, in such locations and spaces as shall be determined and appropriately indicated by markings or signs;
(c) Ross Avenue: On the south side of the street between Lee Avenue and 130 feet east, in such locations and spaces as shall be determined and appropriately indicated by markings or signs;
(d) Lee Avenue: On the east and west sides of the street between Ross Avenue and 200 feet north and south of the intersection of Ross Avenue, and on the east side of Lee Avenue south of Ross Avenue continuing an additional 100 feet, in such locations and spaces as shall be determined and appropriately indicated by markings or signs;
(e) Gorin Avenue: On the east side of the street starting at a point 214 feet north of the intersection of Ross Avenue and continuing 200 feet to the north;
(f) Second Avenue: On the east side of the street from Ross Avenue to a location 365 feet south, in such locations and spaces as shall be determined and appropriately indicated by markings or signs; on the west side of the street between Ross Avenue and a location 140 feet south of the intersection of Ross Avenue;
(g) First Avenue: On the east side from Ross Avenue to a location 482 feet north of the intersection of Ross Avenue;
(h) Third Avenue: On the west side of the street between Ross Avenue and 140 feet south of the intersection of Ross Avenue;
(Code 1974, § 10.20.141; Ord. 826, § 1, 2003; Ord. 889, § 1, 2007; Ord. 1076, § 1, 12-14-2021; Code 2018, 34-50)
Any person, whether acting directly or indirectly, or by or through employees, servants and agents, that violates, disobeys, omits, neglects, refuses to comply with or resists the enforcement of any of the provisions of this article, is in violation of this article and shall be subject to enforcement as follows:
(a) In any prosecution charging a violation of this article, proof that the vehicle described in the complaint, summons or warrant was parked in violation of this article, together with proof that the defendant was at the time of such parking the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that such registered owner of the vehicle was the person who parked the vehicle at the place where, and the time during which, such violation occurred.
(b) Any person violating the provisions of this article shall, upon conviction thereof, be punished by a fine of not more than $250.00; and each day that such violation continues shall be considered a separate offense.
(Code 1974, § 10.20.160; Ord. 826, § 1, 2003; Code 2018, 34-51)