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City Attorney

Roger Baker
Tooele City Attorney

90 North Main Street
Tooele, UT 84074

Phone: 435.843.2120
Fax: 435.843.2129

Title 10. Chapter 3. Stopping, Standing and Parking

10-3-1. Regulation of parking - Definitions.

(1) The chief of police is authorized to prohibit, restrict, and regulate the parking, stopping, and standing of vehicles, including towing authority, as set forth in this Chapter:

(a) on any public right-of-way;

(b) on any off-street parking facility or property which Tooele City owns or operates; and,

(c) as otherwise authorized by federal, state, or local law.

(2) Definitions.

“Alley” means a public right-of-way of the type described in Section 4-8-2.

“Angle parking” means the parking of a vehicle in a manner other than parallel to the street edge. Includes diagonal parking.

“Emergency use areas” means those areas:

(a) in a public right-of-way designated by red curb markings (also known as “red zones”);

(b) designated as ambulance zones, fire hydrant zones, or fire lanes, whether on public or private property; and,

(c) any other designated area of the city posted as restricted for emergency vehicles or emergency use.

“Highway”–see Street.

“Park” “stand” and “stop” (as well as their variants) shall have the same meaning, and mean a vehicle’s complete cessation of movement upon or within a public right-of-way or other property under subsection (1). If any portion of a parked vehicle protrudes into the public right-of-way, the vehicle is deemed to be parked within the public right-of-way.

“Parking space” means that area of a right-of- way designated by street markings or signage for the parking of a single vehicle.

“Public right-of-way” means the surface of, and the space above and below, any public highway, roadway, street, sidewalk, alley, curb and gutter, park strip, shoulder, or other public way of any type whatsoever, now or hereafter existing as such within Tooele City. A public right-of-way extends across its cross-section from property line to property line. A public right-of-way can be created through dedication by plat, dedication by deed, conveyance by deed, prescriptive use, or other method recognized by Utah law.

“Roadway”–see Street.

“Street” means the portion of a public right-of- way paved and utilized for vehicular traffic. Includes highway and roadway.

“Shoulder” means:

(a) the unpaved portions of a public right-of- way located between the paved street edge and the right- of-way property line; and,

(b) the paved portions of a public right-of-way located between a painted solid white line and the right- of-way property line.

“Vehicle” means any motorized device for the transportation of people or goods containing two or more wheels.

(2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-2. Signs and Color Markings.

The City is authorized, subject to the provisions and limitations of this Chapter, to place and maintain signs and traffic markings to indicate stopping, standing, and parking regulations. The following traffic markings shall designate zones and have the following meanings:

(1) Red curb means no stopping, standing, or parking at any time.

(2) Yellow curb means no stopping, standing, or parking except as designated by signs or traffic markings.

(2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-3. Angle Parking.

The chief of police shall determine on what public rights-of-way and streets angle parking shall be permitted and shall cause angle parking areas to be marked or signed. Angle parking in the public rights-of-way is prohibited unless otherwise marked or signed. Angle parking shall not be permitted upon any federal-aid or state right-of-way unless the Utah Department of Transportation has determined that the right-of-way is of sufficient configuration to permit angle parking without interfering with the free movement of vehicular traffic, and the angle parking is marked or signed.

(2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-4. Parallel Parking.

No person shall stop, stand, or park a vehicle within a public right-of-way other than parallel with the edge of the roadway, headed in the direction of lawful traffic movement. W here a gutter is provided, of whatever design, the right-hand (passenger-side) tires of the vehicle must be located entirely on the gutter, except where the gutter is a historic deep irrigation structure, or as otherwise provided in this Chapter. Where no gutter is provided, vehicles shall be parked so as to not create a risk to vehicles traveling on the roadway.

(2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-5. Parking Not to Obstruct Traffic.

No person shall stop, stand, or park a vehicle upon a public right-of-way in such a manner as to leave available less than ten feet of the width of a roadway for the free movement of vehicular traffic.

(2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-6. Snow Event Parking Restrictions - Removal of Vehicles - Penalty.

(1) It shall be unlawful to park a vehicle on any public right-of-way:

(a) when snow is falling upon that vehicle; or,

(b) when snow or ice have accumulated in any amount on the right-of-way upon which that vehicle is parked.

(2) Any vehicle parked in violation of this Section may be removed at the discretion of the Tooele City Police Department for creating public safety risks and for obstructing the City’s snow removal efforts.

(3) The following are exempt from this Section:

(a) emergency vehicles and personnel in the performance of their functions and duties; and,

(b) Tooele City public works vehicles and employees in the performance of their functions and duties.

(4) A violation of this Section is punishable by a civil penalty of $100.

(2020-21, 05-06-2020) (2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-7. Parking for Certain Purposes Prohibited.

No person shall park a vehicle upon any public right- of-way for any of the following purposes:

(1) displaying the vehicle for sale;

(2) washing, greasing, or repairing the vehicle except repairs necessitated by an emergency;

(3) displaying advertising; or,

(4) selling food or other merchandise, except as expressly authorized in this Code.

(2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-8. Parking at Tooele High School. (Repealed).

(Repealed.) (2019-31, 12-04-2019) (Ord. 1990-08, 06-14-1990)

10-3-9. Application of Provisions.

The provisions of this Chapter shall apply at all times, or at those times specified in this Chapter, or as indicated on official signs, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device.

(Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-10. Provisions Not Exclusive.

The provisions of this Chapter imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing, or parking of vehicles in specified places or at specified times.

(Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-11. Vehicles - Registration and Plates.

(1) Every vehicle at all times while standing or being stopped or parked upon a public right-of-way shall:

(a) be registered in the name of the owner thereof in accordance with the laws of the state, unless the vehicle is not required by the laws of Utah to be registered in this state;

(b) display in proper position two valid, unexpired registration plates, one on the front and one on the rear of the vehicle; and,

(c) when required, bear current validation or indicia of registration attached to the rear plate and in a manner complying with the laws of the state of Utah, which registration shall be free from defacement, mutilation, grease, dirt, and other obscuring items, so as to be plainly visible and legible at all times.

(2) If the vehicle is not required to be registered in this state, and the indicia of registration issued by another state, territory, possession, or district of the United States, or of a foreign country, substantially complies with the provisions hereof, such registration shall be considered as in compliance with this Section.

(2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-12. Parking Signs Required.

(1) When the City desires to implement any site- specific parking regulation that imposes a parking time limit or parking prohibition in a specific location, the City shall install and maintain signs and/or pavement markings that provide notice of the regulation at the location where enforcement is sought.

(2) This section shall not apply to the following:

(a) general parking regulations that apply city-wide;

(b) general parking regulations that apply under specified circumstances or to places in general that meet specified criteria without identifying specific places by address, street name, or other specific place description;

(c) any provision of the Tooele City Code listed below:

i. §10-3-6

ii. §10-3-11

iii. §10-3-14

iv. §10-3-22

v. §10-3-23

vi. §10-3-24

vii. §10-3-25(1)

viii. §10-3-26

ix. §10-3-27; and,

(d) any State Code parking regulation of general application.

(3) When signs or pavement markings are erected or placed by direction of the City, it shall be a violation for any person to park a vehicle or allow a vehicle to remain parked upon any right-of-way for longer than the time specified or contrary to the signs or markings.

(2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 2007-31, 12-19-2007) (Ord. 1990-08, 06-14-1990)

10-3-13. Approaching a Parking Space.

(1) No person shall move a vehicle in any manner or leave a parking space and then reenter it to avoid the intent of this Chapter.

(2) Every driver about to enter a parking space being vacated shall stop the vehicle and wait to the rear of the vehicle in the actual process of vacating the parking space, and having so waited shall have prior right to the parking space over all other drivers.

(3) No driver shall stop a vehicle ahead of a parking space being vacated and attempt to interfere with a driver who has waited properly to the rear of a parking space being vacated.

(4) No driver shall stop and wait for a parking space unless the vehicle vacating the space is actually in motion in the process of vacating.

(Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-14. Procedure for Leaving Vehicle Unattended.

Except for emergency vehicles in the performance of official duties, no driver or person in charge of a vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, and removing the key and, when the vehicle is standing, parked, or stopped upon any perceptible grade, without effectively setting the brakes thereon and turning the front wheels to the curb or side of the street.

(2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-15. Lights on Parked Vehicles.

(1) Whenever a vehicle is lawfully parked upon any right-of-way, no lights need be displayed upon the parked vehicle.

(2) Any lighted headlamp upon a parked vehicle, except official emergency vehicles in the performance of official duties, shall be depressed or dimmed.

(2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-16. Handicap Parking - Public Property.

(1) Handicap Parking in Restricted Areas.

(a) A disabled person whose automobile has affixed thereto, as provided by law, the handicap license plate or a transferable motor vehicle identification card issued by the state of Utah, shall be entitled to park in the following identified restricted parking areas without charge, notwithstanding any other state or municipal parking restriction:

(i) freight loading zones;

(ii) passenger loading zones; and,

(iii) time-limited parking zones.

(b) It is unlawful for a disabled person to park for longer than the maximum designated time at restricted parking areas.

(2) The City is hereby authorized, at its discretion, to reserve by appropriate signage various public areas or property for handicap parking. It is unlawful for:

(a) any disabled person to park longer than the time shown on the sign designating the area as “handicap parking”; or,

(b) any vehicle to be parked in an area designated as handicap parking, unless the vehicle has displayed upon it the handicap parking plate or transferable identification card issued by the state.

(3) It is unlawful for any person using a vehicle with a handicap license plate or transferable motor vehicle identification card who is not disabled to use handicap parking.

(4) Restricted Areas Not Authorized for Special Handicap Parking. Nothing herein shall be construed to permit parking by any individual, contrary to or as an exception to the limited purpose of any of the following designated areas:

(a) any area where official signs or traffic markings absolutely prohibit stopping, standing, or parking;

(b) areas reserved for emergency use;

(c) on a sidewalk;

(d) in front of or within five feet of a private driveway;

(e) within five feet of a fire hydrant, as measured in both directions along the street or highway curbline or public right-of-way property line, from a line extending from the center of the hydrant to the curbline or property line at its nearest point;

(f) within 20 feet of a crosswalk at an intersection;

(g) within 30 feet of the approach to any flashing beacon or traffic-control device located at the side of a roadway;

(h) between a safety zone and the adjacent curb, or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless official signs or markings indicate a different length;

(i) within 50 feet of the nearest rail of a railroad crossing;

(j) within 20 feet of the driveway entrance to any fire station, and on the side of a street opposite the entrance when properly signposted;

(k) alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct or be hazardous to traffic;

(l) upon any bridge or other elevated structure upon a street;

(m) at any place in any public park, playground, or grounds of any public building other than on the roads and parking lots provided for public parking in accordance with provisions of any officially installed signs;

(n) on any footpath or trail in any park, recreational area, or playground; or,

(o) taxi and bus stands or stops.

(2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-17. Handicap Parking - Private Property.

Only those vehicles displaying a handicap license plate or transferable identification card issued by the state may park in any parking space designated for the parking of handicapped or disabled persons. This restriction shall apply to and be enforceable upon public property and private property where parking is open to the general public, whether parking is provided to the general public for free or for a fee.

(2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-18. Parking Lots Owned by the City.

(1) No person, on the premises of any parking lot owned by the City where a sign or signs are posted designating such parking lot as a parking lot of Tooele City, shall do any of the following:

(a) park any vehicle continuously within the parking lot in excess of 48 hours;

(b) park any boat, trailer, or recreational vehicle;

(c) park any vehicle over 18 feet in length or eight feet wide;

(d) abandon any vehicle;

(e) make repairs on any vehicle; or,

(f) park any vehicle thereon which does not bear a valid license plate and current registration.

(2) Any vehicle found in violation of subsection (1) is hereby declared to be a nuisance and may be summarily abated by removing any such vehicle by, or under the direction of, or at the request of a police officer or other officer charged with enforcing the parking laws of the City to a place of storage by means of towing.

(2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-19. Loading Zones and Restricted Parking - Designation and Signs.

The City is hereby authorized to determine the location of passenger and freight curb loading zones and restricted parking zones. The City shall place and maintain signs or markings indicating the same and stating the hours during which the provisions of this Section are applicable.

(Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-20. Freight Curb Loading Zones.

(1) No person shall stop or park a vehicle or permit the same to remain stopped or parked for any purpose or length of time other than for the expeditious loading or unloading of materials in any place marked as a freight curb loading zone during the hours when the provisions applicable to such zones are in effect. In no case shall the stop for loading or unloading of materials exceed 30 minutes.

(2) The driver of a passenger vehicle may stop and park at a place marked as a freight curb loading zone for the purpose of and while actually engaged in loading or unloading passengers provided that the driver must remain with the vehicle.

(Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-21. Restricted Parking Zones.

No person shall stop, stand, or park a vehicle for any purpose or length of time in any restricted parking zone other than for the purpose to which parking in the zone is restricted, except that a driver of a passenger vehicle may stop or park temporarily in the zone for the purpose of and while actually engaged in loading or unloading of passengers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter the zone for the purpose of parking in accordance with the purposes to which parking is restricted. The driver must remain with the vehicle.

(Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-22. Parking in Alleys.

No person shall park a vehicle within an alley except during the necessary and expeditious loading and unloading of merchandise. No person shall stop, stand, or park a vehicle within an alley in such a position as to block the driveway entrance of any abutting property, or interfere with the free movement of traffic through the alley.

(Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-23. Double Parking, Standing or Stopping.

No person shall park, stand, or stop a vehicle in a public right-of-way upon the roadway side of another vehicle which is parked, standing, or stopped in a public right-of-way except while actually engaged in loading or unloading passengers, or in compliance with the directions of a police officer or traffic-control device, or when temporarily necessary to avoid other traffic.

(2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-24. Stopping or Parking - Roadways Without Curb.

(1) No person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon any street without a curb, when it is practical to stop, park, or so leave such vehicle off the street. In every event, any parked vehicle shall be parked in the direction of lawful traffic movement with an unobstructed width of the street opposite the standing vehicle left for the free passage of other vehicles, leaving a clear view of such stopped vehicles.

(2) This Section shall not apply to the driver of any vehicle which is disabled while on a street in such a manner and to such an extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in that position.

(2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-25. Stopping Standing or Parking Prohibited in Certain Areas.

(1) No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places:

(a) on a sidewalk or curb;

(b) in front or within five feet of a private driveway, to include the drive approach;

(c) within an intersection;

(d) within five feet of a fire hydrant, as measured in both directions along the street or highway curbline or right-of-way property line from the line extending from the center of the hydrant to the curbline or property line at its nearest point;

(e) on a crosswalk;

(f) within 20 feet of a crosswalk at an intersection;

(g) within 30 feet upon the approach of any flashing beacon or traffic-control device located at the side of a roadway;

(h) between a safety zone and the adjacent curb, or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless authorized signs or markings indicate a different length;

(i) within 50 feet of the nearest rail of a railroad crossing;

(j) within 20 feet of the driveway entrance to any fire station, and on the side of a street opposite the entrance when properly signposted;

(k) alongside or opposite any street excavation or obstruction, when stopping, standing, or parking would obstruct or be hazardous to traffic;

(l) upon any bridge or other elevated structure upon a street;

(m) where official signs or traffic markings prohibit stopping, standing, or parking;

(n) in any public park, playground, recreational area, or grounds of any public buildings other than on the roads or parking lots provided for public parking and then only in accordance with provisions of any signs, officially installed by direction of the city;

(o) on any footpath or trail in any park, recreational area, or playground;

(p) within a fire lane, as designated by Tooele City, whether on public or private property;

(q) on any median or island, or on any dividing section of a street;

(r) on any street or alley less than 20 feet wide; or,

(s) on the south or east side of any street or alley where the width is over 20 feet, but less than 30 feet, unless otherwise directed by traffic-control devices.

(2) No person shall stop, stand, or park a vehicle in any manner or position contrary to any sign or marking officially placed by direction of the City.

(3) No person shall move a vehicle under such person’s control into any such prohibited area, or upon any area not designated for vehicular travel or parking.

(2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-25.1. Large Vehicle Parking.

Vehicles defined in Section 10-2-7(1):

(1) are prohibited from parking on public rights-of- way except those routes identified in Section 10-2-7(3); and,

(2) shall comply with the provisions of this Chapter.

(2019-31, 12-04-2019)

10-3-26. Parking Between Curb and Property Line Prohibited.

No person shall stop, stand, or park any vehicle upon any portion of a public right-of-way between the curb lines and the adjacent property lines.

(2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-27. Using Public Rights-of-Way for Storage Prohibited.

No person shall park a vehicle, boat, trailer, motor home, camper, recreational vehicle, motorcycle, or other item upon any public right-of-way for a period of time longer than 48 hours.

(2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-28. Presumption of Liability.

The fact that a vehicle which is parked in violation of the provisions of this Chapter is registered in the name of a person shall be sufficient to constitute a presumption that such person was in control of the vehicle at the time of its parking.

(2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-29. Parking Violation - Owner's Responsibility.

Whenever any vehicle is parked in violation of any of the provisions of this Chapter, the person in whose name the vehicle is registered shall be prima facie responsible and strictly liable for the violation and associated penalty.

(Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-30. Moving Illegally Parked Vehicles - Police Authority.

A police officer is hereby authorized to remove or caused to be removed to a place of safety any unattended vehicle stopped, parked, or left standing on a street or public right-of-way in a position or under circumstances as follows:

(1) the vehicle obstructs the normal and safe movement of vehicular, bicycle, or pedestrian traffic;

(2) the vehicle obstructs the normal and safe movement of authorized emergency vehicles and City service vehicles, including snow plows, in the performance of official duties;

(3) the vehicle otherwise creates a risk of danger to persons or damage to property; and,

(4) the vehicle is abandoned or displays common indicia of abandonment.

(Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-31. Violations - Penalties.

(1) A violation of any provision of this Chapter shall be a civil offense.

(2) Any person violating any provision of this Chapter shall be liable for a $50 civil penalty for each violation. Any penalty assessed under this Chapter may be in addition to such other penalties as may be provided in this Title.

(3) Any penalty that is not paid within 15 calendar days from the date of receipt of notice shall be increased to $100.

(4) As used in this Chapter, “receipt of notice” means the affixing of a notice to the vehicle alleged to have been in violation, or by delivery of notice to the owner or driver of the vehicle in violation.

(2019-31, 12-04-2019) (Ord. 2019-11, 04-17-2019) (Ord. 1990-08, 06-14-1990)

10-3-32. Parking Violations - Appeal Procedure.

Appeal of civil penalties imposed under this Chapter shall be to the Administrative Hearing Officer under Chapter 1-28 of this Code.

(Ord. 2019-11, 04-17-2019) (Ord. 2013-07, 04-17-2013) (Ord. 2006-02, 01-04-2006) (Ord. 1990-08, 06-14-1990)

10-3-33. Using Parking Lots and Vacant Lots to Display Used Vehicles for Sale.

It shall be unlawful for the owner of a vehicle or boat, or for any other person, to park, cause to be parked, or allow to be parked the vehicle or boat on a vacant lot or parking lot owned by another person for the purpose of displaying the vehicle or boat for sale unless the owner or lessee of the property on which it is parked has given authorization for the vehicle or boat to be so parked.

(Ord. 2019-11, 04-17-2019) (Ord. 1994-29, 07-06-1994)

 

Click Here for a .pdf copy of Title10 Chapter3

Please Note: Every attempt has been made to keep this online Tooele City Code up-to-date; however, there may be discrepancies between this online code and that which is actually adopted. If you have questions about the Tooele City Code or for the most recent update, please call (435) 843-2120 or email attorney@tooelecity.org.

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