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Sec. 12-100. - Authority.#
This article is adopted pursuant to R.I.G.L. 24-5-14 entitled snow and ice removal.
(Ord. of 1-14-97, § 1-100)
Sec. 12-101. - Purpose.#
The purpose of this article is to help maintain the public welfare, interest and safety by keeping all public highways, streets and thoroughfares in the town passable during and after a winter storm.
(Ord. of 1-14-97, § 1-101)
Cross reference— Removal of vehicles interfering with snow removal, § 12-9.
Sec. 12-102. - Declaration of storm emergency/parking ban.#
The director of public works or his/her designee is hereby authorized to declare, after consultation with the chief of police, and the town manager, or their designees, when a storm emergency/parking ban is to take effect. It shall be the responsibility of the director of public works to determine the type of notification to the public regarding such emergency.
The town manager, the chief of police and the public works director shall consult whenever, in the opinion of one or any of them, there exists a possibility of a traffic emergency due to an impending or present storm.
When a storm emergency/parking ban is declared, special traffic regulations and parking bans shall be in effect upon the highways, street and thoroughfares of the town during said emergency period.
(Ord. of 1-14-97, § 1-102)
Sec. 12-103. - Standards and circumstances necessitating storm emergency/parking ban announcements.#
A decision to declare a storm emergency/parking ban shall be based upon information obtained from, but not limited to, the United States Weather Service, or other weather service, the police department, and the public works department. Other items, such as the time of day, the expected traffic volume, the anticipated accumulation of snow, and the expected severity and duration of an anticipated storm shall also be considered in declaring a storm emergency/parking ban.
A decision to declare a storm emergency/parking ban shall be based upon, but not limited to, the following conditions: (1)
A storm emergency/parking ban may be issued when a substantial number of main thoroughfares become slippery from snow or ice, causing severe hazardous driving conditions.
(2)
A storm emergency/parking ban may be issued in the event the United States Weather Service, or other weather service, issues a forecast of an imminent storm which will result in an accumulation of more than one (1) inch of snow, necessitating the need to clear and maintain all the streets, highways, and thoroughfares of the town.
(3)
A storm emergency/parking ban may also be issued in the event the United States Weather Service, or other weather service, issues a forecast predicting imminent severe dangerous weather conditions.
(Ord. of 1-14-97, § 1-103)
Sec. 12-104. - Announcement of storm emergencies/parking bans.#
(a)
The police chief in conjunction with the director of public works is authorized to establish standard announcements of storm emergencies/parking bans.
(b)
Such announcements must include the date and time the storm emergency/parking ban is to take effect, as well as all other information deemed pertinent.
(c)
The police department shall notify the media that a storm emergency/parking ban has been put into effect. The media shall include, but is not limited to, all local and statewide radio and television outlets.
(Ord. of 1-14-97, § 1-104)
Sec. 12-105. - The lifting of the storm emergency/parking ban.#
(a)
Severe weather conditions. The duration of a storm emergency/parking ban shall be determined from the course and the duration of the storm, and the time required by the department of public works to safely clear the streets and highways of snow, or any debris. Once it is determined by the director of public works that the streets and highways are cleared, an announcement cancelling the storm emergency/parking ban will be made to the public following the same procedure as the original announcement instituting the storm emergency/parking ban.
(b)
A winter storm/snow parking ban. A storm emergency/parking ban shall remain in effect to allow for safe clearing of all streets and highways within the town, until cancelled by the director of public works.
(Ord. of 1-14-97, § 1-105)
Sec. 12-106. - The effect of a storm emergency/parking ban announcement.#
(a)
During the time a storm emergency/parking ban is in effect, parking shall be prohibited on all the streets, highways, and thoroughfares located within the town.
(b)
No person being the owner, operator or person in control of any motor vehicle shall park, or permit his motor vehicle to be parked on any public street, highway or thoroughfare in the town.
(c)
Any person being the owner of a vehicle found to be parked, disabled or abandoned on any public street, highway, or thoroughfare in the town shall be charged with a violation of this article, and shall be responsible for payment of all fines, fees and charges incurred due to said violation.
(d)
Any vehicle found to be parked, disabled or abandoned on the streets, highways, or thoroughfares of the town during a storm emergency/parking ban shall be removed and stored at the owner(s) expense until all fines and fees are paid in connection with such violation.
(Ord. of 1-14-97, § 1-106)
Sec. 12-107. - Enforcement of storm emergency/parking ban.#
(a)
Removal of vehicles. The police department is empowered and may summarily cause to be removed from the street, highways, and thoroughfares of the town, any motor vehicle parked in violation of this section when the presence of such motor vehicle interferes with the orderly removal of snow or ice from the streets.
(b)
List of towed vehicles. It will be the responsibility of the towing agent to keep a list of all vehicles towed by the agent to their designated storage area. It is also the responsibility of the towing agent to provide the police department with a list of all vehicles towed and stored by the agent during the storm emergency. A complete list of all towed vehicles shall be kept at the police headquarters, by which the owner of such vehicle so towed may learn the location of his vehicle. Failure to include any vehicle upon the list shall not, however, create any liability upon the town on account of towing. The town shall not be liable for damage or injury to the vehicles so towed, or for damage or loss to the contents thereof.
(c)
Issuance of parking violations. It will be the responsibility of the police department to issue parking violations to all towed vehicles.
Cross reference— Designated fines, § 12-66; parking violations, payment of fines, § 12-64.
(d)
Release of vehicles towed. Vehicles towed during a storm emergency/parking ban will not be released by the towing agent until a release is issued by the police department and the vehicle or owner in question has had a parking violation issued. It will be the responsibility of the owner of the towed vehicle to pay any and all towing and/or storage fees, to the towing agent before the release of the vehicle from the towing agent.
(Ord. of 1-14-97, § 1-107)
Sec. 12-108. - Towing agents.#
(a)
Towing agents to be appointed. The town council shall have the authority to appoint such towing agents as it deems necessary to tow and store all parked, disabled or abandoned vehicles during a storm emergency/parking ban.
All towing agents shall post with the town treasurer a bond in a sum satisfactory to the town and in a form satisfactory to the town solicitor or, in the alternative, provide sufficient evidence to satisfy the town or its representative that the agent has met any and all standards, regulations and requirements promulgated by the State of Rhode Island Public Utilities Commission that such agent has sufficient liability insurance or bond posted with the public utilities commission to indemnify and hold harmless the Town of Warren from any and all claims for damage to personal property arising out of the towing and storage of the motor vehicle.
(b)
Schedule of towing agents. At the beginning of each month a towing agent schedule shall be posted by the police chief. The police department's shift supervisor will notify the towing agents in advance, if possible, that their services are required.
(Ord. of 1-14-97, § 1-108)