§ 12-168. Public vehicular areas.

(a)

It shall be unlawful to stop, leave standing or park a motor vehicle in the public vehicular areas specified in subsection (d) hereof except as necessary and incidental to patronizing the business establishment located adjacent thereto or at any time when the same is prohibited as specified in subsection (d).

(b)

The activities regulated or prohibited under subsection (a) shall be enforceable only where signs are placed, erected or installed giving notice that stopping, standing or parking a motor vehicle is regulated or prohibited at all times or during certain hours in that public vehicular area. The number, form, placement and message content of such signs shall be approved by the chief of police to ensure that the public will have adequate notice of the conduct prohibited and of the location where the prohibition applies. The person requesting the regulation of a public vehicular area shall bear the entire costs of the purchase and installation of such signs as required herein.

(c)

In order for a public vehicular area to be regulated under this section, the owner or person in general charge of the operation and control of the public vehicular area must submit the request for regulation in writing, in the form of an affidavit, including, at a minimum, the following information:

(1)

Name, home and business address;

(2)

Name, location and type of facility or operation for which regulation is requested;

(3)

Name of owner of the property and, if the applicant is not the owner, the position or authority which entitles the applicant to request regulation;

(4)

Type of regulation requested;

(5)

A description of the specific area of the property which is to be regulated (including, if necessary, a map or drawing).

Applications shall be on forms provided by the city and shall be submitted to the chief of police.

(d)

The regulations and prohibitions enumerated by subsection (a) shall apply at all times, and those enumerated by subsection (a) shall apply during the hours or times specified by ordinance to the public vehicular areas of the locations designated by ordinance.

(e)

This section may be enforced by any law enforcement officer by following the applicable procedures of this chapter. The civil penalty for violation of this section shall be the sum of ten dollars ($10.00). Violation of any provision of this section and failure to pay the civil penalty when due shall give rise to an additional civil penalty.

(f)

This section shall not apply to the owners of businesses adjacent to the respective parking areas regulated or to their employees or agents while performing duties for the owner of the business.

(Code 1959, § 13-167.3)