CITY OF RALSTON

ORDINANCE NO. 1268

AN ORDINANCE AMENDING SECTIONS OF ARTICLE 6 OF CHAPTER 5 OF THE RALSTON MUNICIPAL CODE DEALING WITH PARKING AFTER DECLARATION OF SNOW EMERGENCY AND PARKING ON NONEMERGENCY SNOW ROUTES; TO REPEAL PROVISIONS IN CONFLICT THEREWITH AND TO PROVIDE AN EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF RALSTON, NEBRASKA.

That on the 1st day of December, 2020, the Ralston City Council conducted a regularly scheduled public hearing at which it considered amending Sections §5-625 and §5-626 of the Ralston Municipal Code pertaining to parking after declaration of snow emergency and parking on nonemergency snow routes.  Upon consideration of such amendments, the Ralston City Council approved said amendments to §5-625 and §5-626 so that after passage of this ordinance said sections shall read:

     §5-625. PARKING – AFTER DECLARATION OF SNOW EMERGENCY

     1.  Whenever the Mayor or the Mayor’s designated representative shall declare a snow emergency, with notice thereof to the news media, it shall be unlawful for any motor vehicle to be parked on any designated snow emergency route commencing at the time stated in the declaration of the snow emergency and continuing until 24 hours after the cessation of the precipitation, or until such accumulated snow shall have been plowed to the curb on both sides of the street, whichever is sooner.

2. Upon such declaration, all motor vehicles, trailers, or other obstructions to the free passage of snow-clearing equipment shall be removed or caused to be removed from the city streets by their owners.  If necessary, notices to remove such may be issued by the Police Department and if such obstruction is not removed within six hours from the issuance of a notice to remove, the City may relocate it or cause it to be impounded so that removal of snow and ice may be completed.

3. Any automobile parked in violation of this section may be ordered removed by the Chief of Police or the Chief’s designated representative, and such illegal parking shall constitute the Chief of Police/Representative as agent of the owner or any mortgagee thereof.  The agent may contract with any other party to remove said motor vehicle and grant a lien to such remover of said vehicle of his charges for removal and storage of said vehicle.  If such unlawfully parked vehicle is not removed, and by reason its presence, any part of the City streets are impossible to plow and clear of snow, the person in violation of this section shall be civilly liable to the City of Ralston for any added plowing expense necessarily incurred as a result of the unlawful parking, unless the violator shall promptly and personally clean the unplowed area.

§5-626. PARKING – NONEMERGENCY SNOW ROUTES

     1. Whenever the Mayor or the Mayor’s designated representative shall find, on the basis of accumulated or predicted snow, sleet or freezing rain, that conditions have become necessary that parking on nonemergency route streets be prohibited or restricted for snow-plowing purposes, he/she may declare a parking prohibition on all nonemergency route streets.  In the declaration, the Mayor or the Mayor’s designated representative shall state the date and the time on which parking prohibition shall take effect, provided said time shall not be less than three hours after such declaration.

2.  The parking prohibition(s) shall remain in effect until the street has been plowed back to the curbs on both sides of the street designated, or terminated by announcement of the Mayor or the Mayor’s designated representative.

3.  Any vehicle parked and blocking or restricting plowing operations shall be subject to removal in the manner prescribed in §5-625, and such civil liability as set forth in §5-625.

Any and all Ordinances or portions thereof, which are in conflict herewith are hereby repealed.

This Ordinance becomes effective upon passage by the Mayor and City Council of the City Council of the City of Ralston, Nebraska and upon its publication as provided by law.

       DATED this 1st day of December, 2020.

CITY OF RALSTON, NEBRASKA

/s/Donald A. Groesser, Mayor

                                                      ATTEST:

/s/Rosemarie D. Russell, City Clerk

Approved as to form:

/s/Donald F. Ficenec, City Attorney

4/21

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