AN ORDINANCE REVISING TITLE VII TRAFFIC CODE
CHAPTER 70 TRAFFIC REGULATIONS
§70.08, and CHAPTER 71 BICYCLES AND SKATEBOARDS §71.03(A)(1)&(2), §71.04(J)(1)&(2) and §71.05
WHEREAS, the City of Hot Springs, pursuant to SDCL §9-19-3 may amend and revise ordinances as may be necessary; and
WHEREAS, the City of Hot Springs has previously adopted ordinances regulating traffic and bicycles and skateboards within the City; and
WHEREAS , the City of Hot Springs has identified the need to revise both traffic code provisions associated with Traffic Regulations in §70.08 Parking and provisions related to bicycle registrations and general bicycle, skateboards, scooters and rollerblades in §71.03(A)(1), §71.04 (J)(1)&(2) and §71.05
THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOT SPRINGS, that Title VII Traffic Code, Chapter 70 Traffic Regulations §70.08 and Chapter 71 Bicycles and Skateboards §71.03(A)(1), §71.04(J)(1)&(2) and §71.05 be revised and amended as follows:
Chapter 70 Traffic Regulations
§70.08 PARKING; OBEDIENCE TO SIGNAGE
(A) The operator/owner of a vehicle shall not stop, stand or park the vehicle in any of the following places, 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:
1) within an intersection;
2) on a crosswalk;
3) within 15 feet of the intersection of curb lines of streets and alleys;
4) within 20 feet of the driveway entrance to a fire station;
5) within 15 feet of a fire hydrant;
6) in front of a public or private driveway;
7) on a sidewalk;
8) alongside or opposite any street excavation or obstruction, when stopping, standing or parking would obstruct traffic;
9) contrary to the signing;
10) across any painted line or to park vehicle in such a position that the vehicle shall not be entirely within the parking space designated by such lines;
11) alongside or in front of a curb that has been painted yellow;
12) park on the street side of a vehicle that is already parked on the side of the road, or park behind a vehicle that is parked in a designated space in a manner that obstructs traffic, or blocks, or partially blocks, another vehicle from exiting its parking spot (i.e. Double Park);
13) where the city streets or on-street parking area has received more than 2” of snow and has not been cleared of snow at least 25’ in either direction of the vehicle. (The person can either can move vehicle prior to city plowing or they can remove snow onto their property at their own cost/effort)
(B) No vehicle shall be parked in any city park or parking lot over-night. On-street parking is allowed, except during scheduled, routine or emergency maintenance; or during snow removal.
(C) All Motor vehicles parked within the City of Hot Springs on any public road shall be insured as required in South Dakota Codified Law §32-35-113, shall have current registration, and be in operable condition.
(D) Position of parking on two-way road, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within twelve inches of the right-hand curb or edge of the roadway.
(E) Position of parking on one-way road, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within twelve inches of the right-hand curb or edge of the roadway, or its left-hand wheels within twelve inches of the left-hand curb or edge of the roadway.
(F) Parking in alleys. No person shall park a vehicle within any alley in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop or park a vehicle within an alley in such position as to block the driveway entrance to any nearby property.
(G) Parking for certain purposes prohibited. No person shall park a vehicle upon any roadway for the principal purpose of:
(1) Displaying such vehicle for sale;
(2) Maintaining or repairing such vehicle except repairs necessitated by an emergency; or
(3) All vehicles parked in a roadway or alleys have to be functioning and be capable of being moved under its own power.
(H) Parking adjacent to schools.
(1) The Police Department shall recommend, to the Public Safety Committee, when/where to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would interfere with traffic or create a hazardous situation.
(2) When official signs are erected indicating no parking upon that side of a street adjacent to any school property, no person shall park a vehicle in any such designated place.
(I) No stopping or parking near hazardous or congested places.
(1) The Police Department shall recommend, to the Public Safety Committee, when/where to designate by proper signs, places not exceeding 100 feet in length in which the stopping or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.
(2) When official signs are erected at hazardous or congested places as authorized herein, no person shall stop or park a vehicle in any such designated place.
(J) Parking of oversize vehicles.
(1) Commercial or private vehicles or combined vehicle and trailer with a total payload capacity exceeding 5 tons, shall not be parked on any public street, highway or right-of-way for more than 72 hours and shall comply with all provisions of Title IX – General Regulations, Chapter 95 Nuisances §95.70: NOISE.
(2) This section shall not apply to those commercial vehicles temporarily parked for loading or unloading freight or merchandise; or in an emergency response.
(K) Recreational Vehicle/Trailer Parking.
(1) No person shall park and leave standing on any public or private street, alley or public property any recreational and/or leisure vehicle includes trailers for more than a reasonable amount of time (3-weeks) without written approval of a time extension provided by the Development Coordinator (aka. Code Enforcement Officer) or Police Dept. For purposes of this section a “recreational vehicle” means a vehicle for the conveyance and/or shelter of persons or goods for purposes of leisure-time activities, including a motor home, travel trailer, van, truck camper, camping trailer, boat, or off-the-road vehicle.
No recreational vehicle or trailer can be parked on any public street, alley or public property (incl. ROW) between November 1st and March 31st. Any non-compliant vehicle or trailer is subject to towing at owner’s expense.
(L) Removal of vehicles parking in violation of title.
Any Motor Vehicle, Recreational or Leisure Vehicle, Trailer, or equipment parked in violation of any provision of this title or in such manner or location as to create a hazard or obstruction to lawful traffic may be removed at the direction of the Police Department to any place designated by the Police Department for the storage of the vehicle. The Police Department will make an attempt to contact the registered owner, except in the event of emergency.
(M) Abandoned Vehicles are subject to the provisions of SDCL §§ 32-30-13 to 32-30-18, inclusive, or to chapters 32-36 for the purposes of being titled by a removal agency. SDCL §32-30-12
Chapter 71 Bicycles, Skateboards, Scooters and Rollerblades
(A) Bicycle registration.
(1) Every owner of a bicycle who is a resident of the city may register with the Police Department name, address, serial number, make, style and general description of the bicycle.
§71.04 GENERAL BIKE, SKATEBOARDS, SCOOTERS AND ROLLERBLADES REGULATIONS
(J) Riding or skating on sidewalks.
(1) No person shall ride a bicycle, skateboard, scooter, rollerblade or similar recreational-use wheeled devices, except wheelchairs or personal mobility scooters, upon a sidewalk within a business district.
(2) The Police Department is authorized to determine the placement of signs on any sidewalk or roadway prohibiting the riding of bicycles, skateboards, scooters and roller blades thereon by any person and when such signs are in place, no person shall disobey the same.
Severability. The provisions of this ordinance are severable. If any provision of this ordinance or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application.
Effective Date. This Ordinance will become effective 20 days following publication, which will occur after the ordinance receives second and final reading by the City Council and is signed by the Mayor.
Dated this 2nd day of November 2020.
Robert Nelson, Mayor
Misty Summers-Walton, Finance Officer
First Reading: 10/19/2020
Second Reading: 11/2/2020
Published once at the total approximate cost of $119.37
Published: Nov. 5, 2020