TITLE 12 - MOTOR VEHICLES

Chapter 1 - Traffic Code

12-1-1 Adoption of Utah Code Annotated Sections 12-1-2 Numbering of Utah Code Annotated Sections 12-1-3 Proper Lookout Required 12-1-4 Reasonable Care Required When Driving 12-1-5 Penalty 12-1-6 Definition 12-1-7 Misdemeanor

12-1-1. Adoption of Utah Code Annotated Sections. Utah Code Annotated Section 27-12-149 through 27-12-155; Title 41, Chapters 1a, 6, 7, 8, 12a, 22; Title 53, Chapter 3; and Section 76-3-301 through 76-3-303, (1953), all of which are contained in that certain document, three copies of which are on file in the office of the City Recorder, being marked and designated as Utah Code Annotated, are hereby adopted as the Traffic Code of the City for the regulation of traffic within the City and are made part of this Title as if fully set forth herein:

SECTION

12-41-6-13 Obedience to a peace officer or other traffic controllers—Speeding in construction zones. 12-41-6-17 Regulatory powers of local authorities—Traffic-control device affecting state highway—Necessity of erecting traffic-control device. 12-41-6-23 Traffic control devices 12-41-6-24 Traffic control signal 12-41-6-31 Accident involving injury, death, or property damage— Duties of operator, occupant, owner. 12-41-6-35.5 Vehicle accidents—Investigation and report of operator security—Agency action if no security—Surrender of plates—Penalties. 12-41-6-43 Local DUI and related ordinances and reckless driving ordinances—Consistent with code. 12-41-6-44 Driving under the influence of alcohol, drugs, or with specified or unsafe blood alcohol concentrations— Measurement of blood or breath alcohol—Criminal punishment—Arrest without warrant—Penalties—Suspension or revocation of license. 12-41-6-44.8 Municipal attorneys for specified offenses Prosecute for certain DUI offenses and driving offenses while license is suspended or revoked. 12-41-6-44.10 Implied consent to chemical tests for alcohol or drugs —Number of tests—Refusal—Warning, report—Hearing, revocation of license—Appeal— Person incapable of refusal—Results of test available—Who may give test— Evidence. 12-41-6-46 Speed regulations 12-41-6-48.5 Maximum speed in a school zone—Penalty—Minimum fines— Compensatory service—Waiver—Recordkeeing. 12-41-6-49 Minimum speed regulations 12-41-6-51 Speed contest 12-41-6-52.5 Photo radar—Restrictions on use. 12-41-6-52.7 Radar jamming devices and jamming radar prohibited— Defense—Exceptions—Penalties. 12-41-6-53 Duty to drive on right side of road 12-41-6-53.5 Left lane restrictions—Exceptions—Other lane restrictions 12-41-6-54 Passing vehicles proceeding in opposite direction 12-41-6-55 Overtaking and passing vehicles proceeding in same direction 12-41-6-56 Passing upon right 12-41-6-57 Limitation on passing 12-41-6-58 Limitation on driving on left side of road 12-41-6-59 No passing zones 12-41-6-60 One-way traffic 12-41-6-61 Marked lanes 12-41-6-62 Following too close 12-41-6-63.10 Unlawful action of drivers on highway divided into two separate roadways by dividing section 12-41-6-64 Controlled access highway 12-41-6-65 Controlled access highway prohibited use by class of traffic 12-41-6-66 Turning 12-41-6-67 Turning around 12-41-6-68 Starting vehicle 12-41-6-69 Turn signals 12-41-6-70 Signals, methods of giving 12-41-6-71 Signals, manner of giving 12-41-6-72 Right of way between vehicles 12-41-6-73 Right of way stop or yield signals 12-41-6-74 Vehicle entering a through highway 12-41-6-74.10 Failure to yield right of way at stop or yield intersection 12-41-6-75 Entering or crossing highway other than from another roadway 12-41-6-76 Emergency vehicle - duties of respective drivers 12-41-6-76.10 Vehicle or pedestrian working upon highway 12-41-6-77 Pedestrians subject to traffic control devices 12-41-6-78 Pedestrians right of way 12-41-6-79 Pedestrians yielding right of way 12-41-6-82 Walking along or upon roadways 12-41-6-83 Parents and guardians shall not authorize violations of act 12-41-6-84 Bicycle and device propelled by human power and moped riders subject to chapter—Exception. 12-41-6-85 Regular seat required - carrying more persons than design permits prohibited 12-41-6-86 Persons on bicycles, skates and sleds not to attach to vehicles 12-41-6-87 Riding of bicycle on and use of roadway 12-41-6-87.3 Bicycles and human powered device to yield right of way to pedestrians on sidewalks, paths, or trails—Uses prohibited—Negligent collision prohibited—Rights and duties same as pedestrians. 12-41-6-87.4 Bicycles - parking on sidewalk, prohibitions parking on roadway 12-41-6-87.5 Bicycles - turns 12-41-6-87.7 Bicycles - turn signals 12-41-6-87.8 Bicycle inspections - at request of officer 12-41-6-87.9 Bicycle racing - prohibitions 12-41-6-88 One hand on handle bars 12-41-6-89 Prohibited equipment - brakes required 12-41-6-90 Bicycles - lamps required - reflective material required 12-41-6-93 Driving on tracks 12-41-6-94 Driving through safety zone 12-41-6-95 Railroad grade crossing - duty to stop – Malfunctions and school buses – Driving through, around or under gate barrier prohibited. 12-41-6-97 Railroad grade crossing - certain vehicles must stop 12-41-6-98 Duties respecting crawler type tractor, power shovel, derrick or other equipment or structure 12-41-6-100 Vehicles emerging from alleys, buildings, private roads or driveways must stop prior to sidewalk area or street 12-41-6-100.10 School bus - signs and light signals - flashing amber lights - flashing red lights passing school bus - duty to stop - Travel in opposite directions – Penalties. 12-41-6-101 Stopping or parking on roadway outside business or residential district 12-41-6-103 Standing or parking vehicles - restrictions and exceptions 12-41-6-103.5 School bus parking zones—Establishment—Uniform markings—Penalty. 12-41-6-104 Stopping or parking upon roadways - angle parking - traffic control devices prohibiting or restricting 12-41-6-105 Motor vehicle left unattended 12-41-6-106 Backing - when permissible 12-41-6-106.10 Sidewalk - driving prohibited 12-41-6-107 Motorcycle or motor-drive cycle - place for operator to ride - passengers 12-41-6-107.4 Motorcycle or motor-driven cycle - attaching to another vehicle prohibited 12-41-6-107.6 Motorcycle or motor-driven cycle - footrests for passenger - height of handlebars limited 12-41-6-107.8 Motorcycle or motor-drive cycle - protective headgear – Closed cab excepted – Electric assisted bicycles. 12-41-6-108 Prohibition as to passenger riding on improper portion of motor vehicle 12-41-6-109 Obstruction to driver's view or driving mechanism 12-41-6-109.5 Occupancy of house trailer while being moved on highway prohibited 12-41-6-109.6 12-41-6-109.10 Entering intersection, crosswalk, or railroad grade - sufficient space required 12-41-6-110 Driving in canyons and on mountain highways 12-41-6-111 Coasting prohibited 12-41-6-112 Following fire apparatus or parking near prohibited 12-41-6-113 Driving over firehose 12-41-6-114 Destructive or injurious materials on highways, parks, recreation areas, waterways, or other public or private lands—Throwing lighted material from moving vehicle—Enforcement officers—Litter receptacle required. 12-41-6-117 Vehicle in unsafe condition or improperly equipped 12-41-6-118 Lights and illuminating devices - duty to display - time 12-41-6-119 Motor vehicle head lamp requirements 12-41-6-120 Tail lamps - illumination of real registration place - reflectors 12-41-6-121.10 Stop lamps required - turn signals 12-41-6-122 Additional lamps and reflectors 12-41-6-128 Load extending beyond rear of vehicle - duty to display lamps and reflectors or flag 12-41-6-129 Parking lamps required - use when vehicle parked at night - head lamps dimmed 12-41-6-130 Farm tractors and equipment - lamps and reflectors - slow moving vehicle emblem 12-41-6-130.5 Lamps and reflectors on vehicles not otherwise specified - slow moving vehicle emblems on animal drawn vehicles 12-41-6-131 Spot lamps 12-41-6-132 Emergency vehicles - flashing lights - rotating lights 12-41-6-133 Warning lamps 12-41-6-133.5 Back up lamps - side marker lamps 12-41-6-135 Lamp required for operation of vehicle on roadway or adjacent shoulder - dimming of lights 12-41-6-135.5 Head lamps on farm tractors 12-41-6-138 Requirements for slow moving vehicles 12-41-6-139 Number of front lamps required and permitted 12-41-6-140 High intensity beams – red or blue lights - flashing lights - color of rear lights and reflectors 12-41-6-140.10 Standards and specifications for lighting and special warning devices on school buses 12-41-6-140.20 Highway construction and maintenance vehicles - transportation department to adopt rules for lighting 12-41-6-141.5 Sale of unapproved lighting and other equipment prohibited 12-41-6-145 Braking systems required - adoption of performance requirements by department 12-41-6-145.5 Failure to repair a damaged or deployed airbag—Penalty. 12-41-6-146 Horns and warning devices - emergency vehicles 12-41-6-147 Mufflers - prevention of noise, smoke and fumes - air pollution control devices 12-41-6-148 Mirrors 12-41-6-148.10 Seat belts - design and installation - specifications or requirements (Infraction) 12-41-6-148.20 Child restraint device required—Violation as infraction—Dismissal of charge—Failure not admissible as to negligence. 12-41-6-148.30 Vehicle modifications - lowering body or chassis prohibited - exceptions 12-41-6-148.40 Safety chains on towed vehicles required - exceptions 12-41-6-149 Windshields and window – tinting - obstructions reducing visibility – wipers - prohibitions 12-41-6-150 Tires which are prohibited 12-41-6-150.10 Guards or flaps at rear wheels of trucks, trailers, or truck tractors 12-41-6-152 Flares, fuses or electric lanterns and flags - alternative reflector unit - duty to carry in trucks and buses - requirements 12-41-6-153 Warning signal around disabled vehicle - times and places 12-41-6-154.10 Air conditioning equipment - requirements 12-41-6-154.20 Television receivers in motor vehicles prohibited if driver can see viewing screen - exception 12-41-6-155 Vehicles and equipment must be in safe mechanical condition 12-41-6-156 Inspection by officers - certificate of inspection 12-41-6-157 Enforcement of inspection requirements 12-41-6-158 Periodic inspection required - display of inspection sticker required 12-41-6-165 Requiring or knowingly permitting driver to unlawfully operate vehicle. 12-41-6-167 Notice to appear in court—Contents—Promise to comply— Signing—Release from custody—Official misconduct. 12-41-6-169 Arrests without warrants. 12-41-6-172 Improper disposition or cancellation of notice to appear or traffic citation—Official misconduct.

12-1-2. Numbering of Utah Code Annotated Sections. The numerical designations of those Utah Code Annotated Sections of Title 41, (1953) referred to and adopted herein shall be and hereby are adopted as the numerical designations for this Chapter, except that there shall be inserted in front of said numerical designations the number "12".

12-1-3. Proper Lookout Required. No person shall drive a motor vehicle within the corporate limits of Riverdale City in such manner as to endanger life or property by failing to keep a safe and proper lookout for other traffic, objects or persons. 12-1-4. Reasonable Care Required When Driving. It shall be unlawful for any person to drive a vehicle without the care and caution of a reasonable, prudent person under the circumstances then and there existing, or in a manner so as to endanger or be likely to endanger any person or property.

12-1-5. Penalty. Any person who violates Section 12-1-3 or Section 12-1-4 shall be guilty of a Class B misdemeanor, and upon conviction such person shall be punished as provided in Section 13-3-1 et seq. (Ordinance No. 326, Adopted June 4, 1986)

12-1-6. Definition. The words "motor vehicle" as used in this Title shall be defined as every self-propelled device in, upon, or by which any person or property is or may be transported. (Ordinance No. 477, Adopted May 17, 1995)

12-1-7. Misdemeanor. Any person violating any of the following Sections of the Traffic Code, unless otherwise specifically designated, shall be guilty of a Class C misdemeanor, and upon conviction, shall be punished as provided in Section 13-3-1 et seq.

(Ordinance No. 550, Adopted November 4, 1998) Chapter 2 - Operation of Motor Vehicles on Public Property

12-2-1 Definitions 12-2-2 Vehicles in Public Parks 12-2-3 Youthful Citizens Operating Motor Assisted Scooters 12-2-4 Penalty

12-2-1. Definitions. The words "public park" as used in this Title shall mean any real property owned or operated by the City of Riverdale for any recreation purpose.

The words “motor assisted scooter” as used in this Title shall mean a self propelled device with at least two wheels in contact with the ground, a braking system capable of stopping the unit under typical operating conditions, a gas or electric motor not exceeding 40 cubic centimeters, a deck design for a person to stand while operating the device, and the ability to be propelled by human power alone.

12-2-2. Vehicles in Public Parks. It shall be unlawful for any person to operate a motor vehicle upon any public park within the City of Riverdale except in the following cases: (a) Upon roadways and parking areas, hard surfaced, or designated for motor vehicle operation. (b By a City employee in the course of his employment. (c) By a person having in his possession written authority signed by a City Officer or employee.

12-2-3. Youthful Citizens Operating Motor Assisted Scooters. A person younger than sixteen (16) years of age may operate a motor assisted scooter (using the motor) on a two lane City street with a posted speed limit of no more than twenty-five (25) miles per hour when the operator is within fifty (50) feet of his or her parent or guardian. The motor assisted scooter shall be subject to the provisions for bicycles, mopeds, or motor-driven cycles found in Chapter 6, Title 41 of Utah Code Annotated (1953).

12-2-4. Penalty. Any person violating Sections 1 or 2 of this Chapter shall be guilty of a misdemeanor, and upon conviction, shall be punished as provided in Section 13-3-1 et seq. The parent or guardian of a person younger than 16 years of age are each jointly and severally responsible with the minor for violation of this Section. Persons in violation of the provisions of Section 3 of this Chapter shall be deemed guilty of a class C misdemeanor.

(Ordinance No. 550, Adopted November 4, 1998) Chapter 3 - Impounding of Motor Vehicles

12-3-1 Abatement of Nuisance - Improperly Registered or Stolen Vehicles – Impounding 12-3-2 Reclaiming of Impounded Vehicles 12-3-3 Waiver of Impounding Fees and City's Storage Charges on Stolen Vehicles 12-3-4 Fee and Expense a Lien 12-3-5 Notice of Impounding 12-3-6 Form of Notice 12-3-7 Proof of Notice 12-3-8 Sale of Unclaimed Vehicles 12-3-9 Certificate of Sale 12-3-10 Disposition of Moneys Received 12-3-11 Record to be Kept 12-3-12 Designation of Vehicle Pound and Treatment of Vehicle Within the Pound 12-3-13 Impounding Does Not Preclude Criminal Prosecution

12-3-1. Abatement of Nuisance - Improperly Registered or Stolen Vehicles - Impounding. Every police officer of the City of Riverdale is authorized summarily to seize and take possession of every abandoned and/or illegally parked or operated vehicle, without a warrant, wherever found, by removing or causing such vehicle to be removed and impounded in any authorized vehicle pound. Every police officer of the City of Riverdale is also further authorized to seize and take possession of any vehicle which is being operated upon the public streets of the City of Riverdale with improper registration, registration that has been expired for more than three months, or registration that is suspended or revoked. A police officer may also impound a vehicle which he has good reason to believe has been stolen, or on which any motor number, manufacturer's number or identification mark has been defaced, altered, or obliterated. Additionally, if the vehicle being impounded has an attached trailer, the trailer may also be seized to transport the vehicle. Every police officer so impounding a vehicle shall, within 24 hours, make written report thereof to the Chief of Police, specifying the manufacturer's trade name and model of the impounded vehicle, its license and motor number, the time and place where the vehicle was taken and impounded, and the cause of impounding. The vehicle used to impound the vehicle in violation shall meet the standards of the Department of Public Safety and the Motor Safety Carrier Act. (Ordinance No. 550, Adopted November 4, 1998)

12-3-2. Reclaiming of Impounded Vehicles. The owner of an impounded vehicle may reclaim and obtain the release thereof upon and only upon full compliance with the following conditions precedent: (a) He shall furnish to the Chief of Police or his authorized representative satisfactory evidence of his identity and his ownership of said vehicle. (b) He shall pay to the City of Riverdale a pound service fee of Five Dollars ($5.00), which fee is hereby levied upon the impounding of every such vehicle. Said sum is hereby determined to be the reasonable cost of impounding a vehicle. (c) He shall pay to the City of Riverdale all of its storage costs and expenses incident to storing the vehicle in the authorized vehicle pound and to giving notice of the impounding thereof as hereinafter provided. In cases where a vehicle has been impounded pursuant to this Chapter as originally adopted or as amended, in a vehicle pound maintained and operated by the City of Riverdale, he shall pay to the City storage charges at the rate of fifty cents (50 cents) per day or fraction thereof during the first thirty (30) days of storage, and at the rate of Five Dollars ($5.00) per month thereafter which charges are hereby determined to be the reasonable cost for storing and keeping an impounded vehicle by the City. (d) If a criminal charge is made against the owner of such vehicle for the illegal parking thereof or for the operation thereof while said vehicle is improperly registered or without proper license plates, he shall sign a written promise to appear at a time certain, as fixed by the Chief of Police or his representative, to answer such charge, or, if required by the Chief of Police, or his representative, shall post bail to secure such appearance. It is specifically provided, however, that if the owner of said vehicle resides outside of Weber County, Utah, the posting of bail, as fixed by the City's Justice of the Peace or any bail commissioner having jurisdiction thereof, to answer such charge, shall be required before such vehicle is released. (e) He shall obtain the written order of the Chief of Police or his representative, directing the release of the vehicle by the pound keeper, and upon receiving the vehicle he shall execute a written receipt therefor. (f) In cases where a vehicle has been impounded, as hereinafter provided, by reason of the vehicle having been improperly registered or stolen, or by reason of the obliteration of motor or manufacturer's numbers or identification marks, such vehicle shall not be released, in any event, until the requirements of Sections 41-1-115 and 41-1-116, Utah Code Annotated, (1953), shall have been satisfied, or until such release has been specifically authorized by the Motor Vehicle Division of the State Tax Commission of Utah.

12-3-3. Waiver of Impounding Fees and City's Storage Charges on Stolen Vehicles. If, upon the reclaiming of an impounded vehicle by the owner thereof, it shall be made to appear to the Chief of Police by evidence satisfactory to him that the said vehicle was stolen from the owner thereof and that the owner is not responsible for the cause for which such vehicle was impounded, the Chief of Police may waive the impounding fee, and, if said vehicle has been kept and stored in a pound maintained by the City itself, the storage charges assessed against said vehicle. 12-3-4. Fee and Expense a Lien. The impounding fee levied hereby and all storage charges and all costs and expenses incident to the giving of notice of impounding and to the sale of said vehicle as herein provided shall be a lien upon the impounded vehicle, which lien may be summarily foreclosed in the manner hereinafter provided.

12-3-5. Notice of Impounding. If the owner of an impounded vehicle fails to appear and reclaim it as hereinbefore provided within five (5) days after it is impounded, the Chief of Police shall send to the registered owner thereof, and to every owner of legal title thereto or lien holder thereon, as disclosed by the records of the Motor Vehicle Division of the State Tax Commission of Utah, a written notice of the impounding of such vehicle and shall state that unless the vehicle is reclaimed within thirty (30) days of the date of giving notice it will be deemed to be abandoned and will be sold by the Chief of Police in accordance with the Ordinances of the City of Riverdale. The notice shall be sent by the United States registered mail, directed to the persons to be notified at their last known addresses as disclosed by the records of the State Tax Commission as aforesaid. If the Chief of Police is unable to ascertain the name or address of any person having an interest in the impounded vehicle, such notice shall, in lieu of mailing by registered mail as aforesaid, be published once in a newspaper having general circulation in the City of Riverdale, and copies thereof shall be mailed to such person or persons as the Chief of Police may have reason to believe have or claim some right, title, or interest in said vehicle at their last post office address according to the information, if any, received by the Chief of Police from sources other than the records of the State Tax Commission of Utah aforesaid.

12-3-6. Form of Notice. The notice required by Section 12-3-5 aforesaid may be substantially in the following form:

Notice of Impounding and of Intention to Sell Vehicle

To , the owner or owners, and to all other persons claiming any right, title, or interest in the vehicle hereinafter described:

Take notice that on the day of , 19 , the following described vehicle, to-wit:

Make and Year License Motor Body Type:Model: Number: Number:

was parked on a public street of the City of Riverdale, Utah, in violation of (Specifying the ordinance or statute violated), or, as the case may be, was operated with improper registration, or was found with the motor number defaced, and was on that date impounded by the City of Riverdale pursuant to Title 12, Chapter 3, Riverdale Municipal Code.

Said vehicle may be reclaimed as provided in Riverdale Municipal Code Title 12, Chapter 3 upon application at the office of the Chief of Police, City of Riverdale Police Department, Riverdale, Utah. If not so reclaimed within thirty (30) days of the mailing (or publication, as the case may be) of this notice, said vehicle will be deemed abandoned, and will be sold at public auction by the City of Riverdale.

DATED:______CITY OF RIVERDALE

BY:______Chief of Police

the Chief of Police has not received, within five (5) days of the impounding of such vehicle, information regarding the ownership and claimants of the ownership of such vehicle, he shall note that fact upon the record of impounding kept by him as hereinafter provided, and in such case the notice may be directed generally to "Any person claiming any interest in the following vehicle."

12-3-7. Proof of Notice. Proof by affidavit of the giving of notice of impounding as hereinbefore provided shall be made in duplicate and preserved with the record of impounding hereinafter provided for.

12-3-8. Sale of Unclaimed Vehicles. (a) If any vehicle impounded as hereinbefore provided is not claimed within thirty (30) days after the giving of notice as aforesaid, it shall be deemed to have been abandoned by the owner or owners thereof. At the expiration of which period of time, the Chief of Police shall advertise such vehicle for sale and sell the same at public auction to the highest bidder for cash. Such advertisement shall be by publication of a notice of sale at least once, not less than seven (7) nor more than fourteen (14) days prior to the time fixed for the sale in a newspaper having a general circulation in the City of Riverdale, and by publicly posting a notice of such sale for not less than seven (7) nor more than fourteen (14) days prior thereto, as follows: One copy at the front door of the City Office Building in Riverdale, Utah; one copy at some other public place in the City of Riverdale to be selected by the Chief of Police; and one copy at the entrance to the vehicle pound where said vehicle is stored. The Chief of Police, in his discretion, may further advertise said sale by further notice of advertisement in a newspaper by him deemed to be most likely to give notice to prospective purchasers, provided that the cost of such additional advertisement does not exceed five dollars ($5.00), but such additional notice is not required. (b) The notice of sale shall describe the vehicle by manufacturer's trade name or make, body type, year, model, if known, and motor and license numbers, if any, and shall specify the time and place of sale, which shall be within the corporate limits of the City of Riverdale. A copy of the notice of sale shall be mailed to the owner or owners of said vehicle, if known, at their last known address, at least seven (7) days prior to the date of said sale. (c) At the time and place fixed for the sale, the Chief of Police shall offer for sale and sell the said vehicle at public auction to the highest bidder for cash. (d) At such sale, the City may bid upon and purchase said vehicle. If the City becomes the purchaser at such sale, it may credit upon the purchase price the pound service fee, the storage costs and charges incident to the impounding of the vehicle, and its costs and expenses incident to the making of such sale. If the vehicle is not sold to another purchaser, as hereinbefore provided, the Chief of Police shall strike off and sell the same to the City for the amount of such service fee, storage costs, charges and expenses.

12-3-9. Certificate of Sale. Upon consummation of the sale and receipt of the purchase price therefor, the Chief of Police shall deliver possession of the vehicle to the purchaser and shall also execute and deliver to the purchaser his certificate of such sale. The certificate shall describe the vehicle in substantially the same manner as the notice of impounding, shall recite the fact of the sale, the price paid, and the purchaser's name and address, and shall contain a reference to Section 12-3-8 of the Riverdale Municipal Ordinance Code which constitute the authority for the sale. A copy of the certificate shall be filed with the City Recorder.

12-3-10. Disposition of Moneys Received. All moneys received by the Chief of Police upon the sale of such vehicle shall be deposited in the City Treasury of the City of Riverdale. At any time within one (1) year from and after such sale, the former owner or owners of the vehicle sold, upon application to the the Riverdale City Council, and upon presentation of satisfactory proof of ownership of the vehicle sold, shall be paid the proceeds of such sale, less the impounding fee, storage charges, and expenses of sale hereinbefore provided. If the proceeds of such sale are not reclaimed within the said period of one (1) year, they shall be credited to the general fund of the City.

12-3-11. Record to be Kept. The Chief of Police shall keep a record in duplicate of all vehicles impounded by manufacturer's trade name or make, body type, year, model and license number, the names of the owners of such vehicles, if the same are know, and the names and addresses of all persons claiming the same, and such other descriptive matter as may identify such vehicle, the nature and circumstances of the impounding thereof, and the violation, if any, on account of which such vehicles were impounded, the date of such impounding, the name and address of any person to whom any such vehicle is released, a record of all notices given with respect to the impounding and sale of such vehicle, and a record of the sale thereof, if any. Whenever such vehicle has been sold, as hereinbefore provided, one of the copies of such record shall be filed with the City Recorder with the Certificate of Sale, and a copy of the affidavit of the giving of notice upon the impounding and sale of such vehicle.

12-3-12. Designation of Vehicle Pound and Treatment of Vehicle Within the Pound. The Chief of Police, with the approval of the City Council, shall designate such vehicle pounds and appoint such vehicle pound keepers to have charge thereof as may be necessary or convenient to carry out the provisions hereof, and agree with such pound keepers as to the terms of their service. No person having charge over the impounded vehicle shall operate or allow a vehicle to be operated without prior written permission of the owner of the vehicle unless the operation is incidental and necessary to move the vehicle from one parking space to another within the facility and is necessary for the normal management of the facility. The police officer shall record the mileage shown on the vehicle’s odometer at the time of seizure if that information is accessible. (Ordinance No. 550, Adopted November 4, 1998)

12-3-13. Impounding Does Not Preclude Criminal Prosecution. Neither the impounding nor the sale of a vehicle, nor the payment of the impounding fee, storage charges, and other expenses as hereinbefore provided, shall preclude the criminal prosecution of the owner or operator of the impounded vehicle for any public offense. (Ordinance No. 159, Adopted September 5, 1973.) Chapter 4 -Parking

12-4-1 Parking Over 72 Hours Prohibited 12-4-2 Parking on South Side of Highland Drive and Cherry Drive Prohibited 12-4-3 Parking Prohibited By Signs 12-4-4 Parking Prohibited During Snowstorms 12-4-5 Parking Prohibited At All Times 12-4-6 Exception 12-4-7 Violation—Penalty 12-4-8 Nuisance 12-4-9 Parking For Disabled Persons

12-4-1. Parking Over 72 Hours Prohibited. It is unlawful for the owner, lessee, purchaser, operator or possessor of any vehicle to park or leave such vehicle on any public street within the City in the same location for a period in excess of seventy-two hours. (Ordinance No. 405, adopted March 6, 1991)

12-4-2. Parking on South Side of Highland Drive and Cherry Drive Prohibited. It shall be prohibited for the owner, lessee, purchaser, or operator of any motor vehicle to park or allow to remain unattended said motor vehicle on the South side of Highland Drive or the South side of Cherry Drive of this City between 300 West Street and 500 West Street.

12-4-3. Parking Prohibited By Signs. Permission is granted for the operator of a motor vehicle to park anywhere within the City without penalty, except where signs regulate parking or where parking is regulated by this Chapter. (Ordinance No. 550, Adopted November 4, 1998)

12-4-4. Parking Prohibited During Snowstorms. In order to adequately remove snow and to avoid property damage as far as possible, it is necessary to keep public streets and highways clear of all parked vehicles and other obstacles left on or adjacent to the travelway during snowstorms. Therefore, when snow removal becomes necessary, no person who owns or has possession, custody, or control of any vehicle or other object shall park or place such vehicle or object upon or immediately adjacent to any street travelway until the street is cleared. This prohibition does not apply to physicians or other authorized emergency service personnel. Any such vehicle or object so parked or placed is declared a public nuisance. (Ordinance No. 405, adopted March 6, 1991)

12-4-5. Parking Prohibited At All Times. It is unlawful for any person to park or leave standing at any time on any street, public roadway, alley or municipal property any unattached trailer of any type, whether for the occupancy of people, storage of items or for towing purposes; any boat, whether the same is loaded or not on an unattached trailer or otherwise; any camper not mounted on a vehicle; any motor home or mini-motor home of any length; and any combination of a pulling or towing vehicle with an attached trailer, whether loaded or not; provided, however, that it is lawful to park such a combination or a motor home that is being loaded or is ready for departure for a period not to exceed twenty-four hours. It is further unlawful to park in any such area, at any time, any vehicle or motor vehicle having a registered gross weight capability of twelve thousand pounds or more. (Ordinance No. 405, adopted March 6, 1991)

12-4-6. Exception. With a valid permit, a resident of Riverdale City will be permitted to park a vehicle with a registered gross weight capacity of twelve thousand pounds or more on a City street in order to make light repairs for no longer than four (4) hours where such parking and repairs pose no substantial hazard to the City. Permits shall be obtained from the Police Department headquarters during normal business hours. (Ordinance No. 550, Adopted November 4, 1998)

12-4-7. Violation—Penalty. Upon conviction of a violation of this Chapter (Chapter 4, Title 12), a person shall be guilty of an infraction and shall be assessed a fine as determined by the Judge in the City Justice Court. (Ordinance No. 550, Adopted November 4, 1998)

12-4-8. Nuisance. Every vehicle found stopped, standing or parked upon the public streets of the City of Riverdale where prohibited by Section 4 or 5 above or where prohibited by any law of the state and every vehicle abandoned in the streets is hereby declared to be an obstruction in the street and a public nuisance. Such nuisances may be abated as provided in Title 12, Chapter 3. (Ordinance No. 405, adopted March 6, 1991)

12-4-9. Parking For Disabled Persons. (a) Any disabled person qualifying under Section 12-41-1-49.8 shall be allowed to park an appropriately marked motor vehicle for reasonable periods without charge in metered parking zones and restricted parking areas, other than those available for emergency use, in a manner which allows proper access to the automobile by the disabled person. (b) Only those vehicles carrying a distinctive (logo) handicapped license plate or transferable identification card may park in a parking space which is clearly identified as reserved for use by the handicapped. This subsection applies to and may be enforced on public property and on private property which is used or intended for use by the public.

(Ordinance No. 550, Adopted November 4, 1998)