§ 26-136. Definitions.

(a)

For the purpose of this division the following terms shall have the meanings respectively ascribed to them. Any reference to the masculine shall be deemed to include the feminine.

Appearance: Either (1) the entry of an appearance, in person or by attorney, in the municipal court to contest a parking citation and the making of a bond in any manner authorized by law and approved by the municipal court to secure appearance at trial; or (2) the uncontested disposition of a parking citation by payment in good and sufficient funds received by the superintendent in the amount of fines established by the municipal court, including all applicable fees and costs.

Authorized emergency vehicles: Vehicles of the fire department (fire patrol), police vehicles, public and private ambulances for which permits have been issued by the state board of health, emergency vehicles of municipal departments or public service corporations as are designated or authorized by the city council, and private vehicles operated by volunteer firemen while answering a fire alarm.

Bicycle: Every device propelled by human power upon which any person may ride, having two (2) tandem wheels either of which is more than fourteen (14) inches in diameter.

Bus: Every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons; and every motor vehicle other than taxicabs designed and used for the transportation of persons for compensation.

Bus stop: A section of the roadway along the edge thereof marked by signs reading "bus stop" as a place for the sole use and convenience of the general public to board and depart from any bus.

Business district: The territory contiguous to and including a roadway when, within six hundred (600) feet along such highway, there are buildings in use for business or industrial purposes including, but not limited to, hotels, banks, office buildings, railroad stations and public buildings which occupy at least three hundred (300) feet of frontage on one (1) side or three hundred (300) feet collectively on both sides of the roadway.

Controlled-access or limited-access highway: Every highway to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such a manner as may be determined by the public authority having jurisdiction over such highway.

Crosswalk: That part of a roadway at any intersection included within the connection of the lateral lines of the sidewalks on opposite sides of the street, whether marked or not, measured from the curbs or in the absence of curbs, from the edges of the traversable roadway. The word "crosswalk" also includes any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossings by lines or other markings on the surface.

Delinquent vehicle: Any vehicle on which three (3) or more parking citations more than five (5) days old are outstanding, unpaid or unresolved and which citations were issued during the time the vehicle was registered to or otherwise held by the owner.

Delinquent vehicle list: The current delinquent vehicle list as maintained by the parking division.

Driver: Every person who drives or is in actual physical control of the movements of a vehicle.

Gross weight: The weight of a vehicle without load, plus the weight of any load thereon.

Intersection: The area embraced within the prolongation or connection of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two (2) streets or highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different streets or highways joining at any other angle may come in conflict. Where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided street or highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting street or highway also includes two (2) roadways thirty (30) feet or more apart, then every crossing of the two (2) roadways of such highway shall be regarded as a separate intersection. The junction of an alley with a street or highway shall not be considered an intersection.

Laned street: A street which is divided into two (2) or more clearly marked lanes for vehicular traffic.

Metal tire: Every tire the surface of which in contact with the highway is wholly or partly of metal or other hard nonresilient material.

Motor vehicle: Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.

Motor-assisted bicycle: A bicycle which may be propelled by human power or a motor, or by both, with a motor of a capacity of less sixty (60) cubic centimeters piston displacement, which is capable of a maximum speed of not more than twenty (20) miles per hour on a flat surface with not more than one (1) percent grade in any direction when the motor is engaged.

Motor-driven cycle: Every motorcycle, including every motor scooter, with a motor which produces not to exceed five (5) brake horsepower (brake horsepower developed by a prime mover as measured by a brake applied to the driving shaft) and every bicycle with motor attached other than a motor assisted bicycle.

Motorcycle: Every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground but excluding a tractor.

Muffler: A device consisting of a series of chambers of baffle plates or other mechanical design for the purpose of receiving exhaust gas from an internal combustion engine and/or turbine wheels for the purpose of receiving exhaust gas from a diesel engine, both of which are effective in reducing noise.

Negligence: The failure to use that degree of care that a reasonable and prudent person would use under the same or similar circumstances.

No parking zone: A space or area on the roadway adjacent to the curb, whether marked by official signs or not, in which no vehicle may be parked.

Official traffic-control devices: All signs, signals, markings and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.

Officer: Any peace officer or parking enforcement officer employed by the city and any other city employee, whether a peace officer or not, who is designated by the city manager and/or his designee or the chief of police to cause vehicles to be towed under this article.

Owner: A person, other than a lienholder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under lease not intended as security.

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

Parking citation: A citation, returnable to the parking enforcement division of the city, issued for the alleged violation of any city penal ordinance of state penal law regarding the parking of vehicles.

Parking meter district: Areas for paid parking zones, both along public street right-of-way on parking lots owned or controlled by the city. It also includes all areas for which city council has previously authorized parking meters and have not been repealed the authorization.

Parking stall or parking space: That portion or section of a roadway adjacent to the curbing or edge, set apart, marked and bounded by lines painted or marked upon the surface of the roadway and extending into the roadway for the use of parking vehicles, or that portion of any alley marked by official signs showing such space to be a parking zone.

Passenger: Any person in or on a vehicle other than the driver, whether or not the vehicle is moving.

Passenger car: Every motor vehicle, except motorcycles and motor driven cycles, designed for carrying ten (10) passengers or less and used for the transportation of persons.

Pedestrian: Any person afoot.

Pay station: An electronic device that is either a pay-and-display station or a pay-by-space station. Parking meters are not pay stations.

Pay station zone: An area in which parkers must pay a pay station to park.

Pay-and-display station: An electronic pay station that dispenses a receipt for payment to be displayed as required by section 26-138.

Pay-by-space station: An electronic device serving multiple parking spaces at which a customer enters the number of the space occupied and pays. The station records the space numbers for which payment has been made and for how long payment has been made.

Police officer: Every officer of the city police department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

Private road or driveway: Every way or place in private ownership and used for vehicular travel by the owner and those having expressed or implied permission from the owner but not by other persons.

Pushcarts: Every device propelled by human power having three (3) wheels and designed to carry a load on the front portion.

Public space: A place where people are assembled or to which people commonly resort for purposes of business, amusement, recreation or other lawful purposes and, for the purpose of this chapter, shall include all streets and alleys within the boundaries of the city.

Railroad: A carrier of persons or materials upon cars, other than street cars, operated upon stationary rails.

Residence district: The territory contiguous to and including a street or highway not comprising a business district when the property on such street or highway for a distance of three hundred (300) feet or more is, in the main, improved with residences or residences and buildings in use for business.

Roadway: That portion of a street or highway, improved, designed for or ordinarily used for vehicular travel exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.

Route: A street on which signs are erected giving notice thereof that certain types of vehicles may or may not be operated.

Safety zone: The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

School bus: Every motor vehicle that complies with the color and identification requirements set forth in the most recent edition of standards as produced and sponsored by the National Commission on Safety Education of the National Education Association, Washington, D.C. and is being 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 schoolchildren.

Sidewalk: That portion of a street between the curb lines, of the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.

Signs and signals: When pertaining to drivers of vehicles, the position of a driver's hand or arm or the use of signal lights to indicate to the driver of other vehicles that he intends to stop, start or change his direction of travel; when pertaining to a physical object or marking, any official traffic-control device.

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

Stop: When required, the complete cessation of movement.

Stop or stopping: When prohibited, means any halting even momentary of a vehicle, whether occupied or not except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.

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

Supervisor: The parking enforcement division supervisor and those parking enforcement officers or other employees that he may designate to perform any function under this article.

Through street or highway: A street or highway, or a portion thereof, on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on such through highway in obedience to either a stop sign, yield sign or other official traffic-control device when such signs are erected as provided in this chapter.

Traffic: Pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any street for purposes of travel.

Traffic-control signal: Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.

Truck: Every motor vehicle designed, used, or maintained primarily for the transportation of property.

Unresolved with respect to a parking citation: A citation issued more than ten (10) days previously which has not been cleared by an appearance or by payment of the fine.

Vehicle: Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

Walks: Areas in public ways designed primarily for pedestrian use.

Zones: Areas in public ways designed for limited or specialized uses.

(b)

In addition to the definitions contained in paragraph (a) of this section, and unless the context of this chapter dictates otherwise all the definitions in the Uniform Traffic Act shall be applicable to the words and phrases used in this chapter.

(Ord. No. 2013-02, § 1, 1-22-2013)