CHAPTER 52:
TRAFFIC CODE
In General
52.001 Definitions
52.002 Required obedience to traffic directions
52.003 Powers and duties of Police Department
52.004 Authority for enforcement
52.005 Temporary regulations
Traffic Control Devices
52.015 Signal legends
52.016 Establishment and maintenance of traffic-control devices
52.017 Obedience to signals
52.018 Interference with signals
52.019 Unauthorized signals or markings
52.020 Device to be legible and in proper position
52.021 Temporary disregard of devices by police officers
Operation Generally; Accidents
52.030 Obstructing traffic
52.031 Reverse or U turns
52.032 Backing vehicle
52.033 Vehicles crossing sidewalks
52.034 Duty of operator in case of accident
52.035 Accident report
Prohibitions
52.045 Reckless driving; injury to streets
52.046 Right-of-way of emergency vehicles; following emergency vehicles; driving over fire hose
52.047 Smoke emission or other nuisance
52.048 Skateboards
52.049 Dynamic braking devices
Parades
52.60 Definitions
52.61 Permit required
52.62 Application for permit
52.63 Standards for issuance of permit
52.64 Notice of rejection of permit
52.65 Appeal procedures when permit denied
52.66 Alternative permit
52.67 Notice to city and other officials when permit issued
52.68 Contents of permit
52.69 Duties of permittee
52.70 Public conduct during parades
52.71 Revocation of permit
Parking Generally
52.080 Obstructional or double parking; abandoned vehicles
52.081 Manner of parking
52.082 Stopping on roadway prohibited; exceptions
52.083 Limitations of stopping and parking
52.084 Restrictions and prohibitions on designated streets
52.085 Parking restricted to allow street cleaning
52.086 All-night parking
52.087 Parking on parade route
52.088 Parking on off-street facility
52.089 Owner responsibility
52.090 Parking in parks
52.091 Display of parked vehicle for sale
52.092 Parking with handicapped permits
Impounding
52.110 Impoundment of vehicles authorized; redemption
52.111 Required notice to owner
52.112 Sale of vehicle
52.999 Penalty
Statutory reference:
Revenues from fees, fines, and forfeitures related to parking, see KRS 65.120
§ 52.001 DEFINITIONS
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"AUTHORIZED EMERGENCY VEHICLES." Vehicles of the Volunteer Fire
Department or Police Department, vehicles of the Commonwealth Attorney's office when on official business, and ambulance on an authorized emergency run.
"BOULEVARD." Any legally designated street at which cross traffic is required to stop before entering or crossing such boulevard.
"BUSINESS DISTRICT." Any portion of any street between two consecutive intersections in which 50% or more of the frontage on either side of the street is used for business purposes.
"CROSSWALK." That portion of the roadway included within the extension of the sidewalk across any intersection, and such other portions of the roadway between two intersections, as may be legally designated as crossing places and marked by stanchions, paint lines, or otherwise.
"CURB." The boundary of that portion of the street used for vehicles whether marked by curbstones or not.
"INTERSECTION." That part of the public way embraced within the extensions of the street lines of two or more streets which join at an angle whether or not one such street crosses the other.
"OFFICIAL TRAFFIC-CONTROL DEVICES." All signs, signals, warnings, directions, markings, and devices placed or erected or maintained by authority of the City Commission.
"ONE-WAY STREET." A street on which vehicles are permitted to move in one direction only.
"OPERATOR." Every person who is in actual physical control of the guidance, starting, and stopping of a vehicle.
"PARK." When applied to vehicles, to leave a vehicle standing, whether occupied or not, for a period of time longer than is necessary to receive or discharge passengers or property.
"PEDESTRIAN." Any person afoot.
"PLAY STREET." Any street or portion thereof so designated by the City Commission and reserved as a play area for children, from which all traffic is barred, except vehicles to and from abutting properties.
"POLICE DEPARTMENT." The Police Department or other persons or agency authorized to perform the duties of § 52.003 or any other acts necessary to implement and enforce this traffic code.
"PUBLIC WAY." The entire width between property lines of every way, dedicated passway, or street set aside for public travel, except bridle paths and foot paths.
"REVERSE TURN." To turn a vehicle on any street in such a manner as to proceed in the opposite direction.
"RIGHT-OF-WAY." The privilege of the immediate and preferential use of the street.
"ROADWAY." That portion of any street, improved, designated, or ordinarily used for vehicular travel.
"SIDEWALK." That portion of the street between the curb and the property line intended for the use of pedestrians.
"STOPPING." As applied to vehicles, to stop a vehicle longer than is actually necessary to receive or discharge passengers.
"STREET." Every public way, including alleys.
"TRAFFIC." Pedestrians, ridden or herded animals, vehicles, buses, and other conveyances, individually or collectively, while using any street for the purpose of travel.
"VEHICLE." Every device in, on, or by which any person or property is or may be transported or drawn on any street except devices moved by human power or used exclusively on stationary rails or tracks.
§ 52.002 REQUIRED OBEDIENCE TO TRAFFIC DIRECTIONS.
(A) It shall be unlawful for any person to fail or refuse to comply with any lawful order, signal, or direction given by a uniformed police officer, or to fail or refuse to comply with any of the traffic regulations of this traffic code.
(B) The provisions of this traffic code shall apply to the driver of any vehicle owned or used in the service of the United States government, this state, county, or city, and it shall be unlawful for any such driver to violate any of the provisions of this traffic code, except as otherwise permitted in this traffic code or by state statute.
(C) Every person propelling any pushcart or riding a bicycle or an animal on any roadway, and every person driving any animal on any roadway, and every person driving any animal-drawn vehicle shall be subject to the provisions of this traffic code applicable to the driver of any vehicle, except those provisions of this traffic code which by their very nature can have no application. Penalty, see § 52.999
§ 52.003 POWERS AND DUTIES OF POLICE DEPARTMENT.
It shall be the duty of the Police Department to direct all traffic in conformance with this traffic code and to enforce the traffic regulations as set forth in this traffic code, to make arrest for traffic violations, to investigate accidents, and to cooperate with other officers of the city in the administration of the traffic laws, and in developing ways and means to improve traffic conditions.
§ 52.004 AUTHORITY FOR ENFORCEMENT.
Authority to direct and enforce all traffic regulations of this city in accordance with the provisions of this traffic code and to make arrests for traffic violations is given to the Police Department, and, except in case of emergency, it shall be unlawful for any
other person to direct or attempt to direct traffic by voice, hand, whistle, or any other signal. Penalty, see § 52.999
§ 52.005 TEMPORARY REGULATIONS.
When required for the safety of the public and to alleviate extraordinary traffic problems resulting from severe and inclement weather conditions or other emergencies, the Director of Public Works is hereby authorized to impose and implement such regulations as are reasonable and necessary to restore normal traffic conditions. Notice of the nature, duration and extent of any such temporary regulations shall be transmitted to all local media, and a reasonable attempt to notify any private property owners/occupiers affected by the same shall me made.
TRAFFIC-CONTROL DEVICES
§ 52.015 SIGNAL LEGENDS.
Whenever traffic is regulated or controlled exclusively by a traffic-control sign or signs exhibiting the words "Go," "Caution," or "Stop," or exhibiting different colored lights for purposes of traffic control, the following colors only shall be used, and these terms and lights shall indicate and be obeyed as follows:
(A) Green alone or "Go": Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. However, vehicular traffic shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection at the time such signal is exhibited.
(B) Steady yellow alone or "Caution" when shown following the green or "Go" signal: Vehicular traffic facing a steady yellow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection. Vehicular traffic facing a steady yellow signal may enter and clear the intersection.
(C) Red alone or double red or "Stop": Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an intersection or at such other point as may be indicated by a clearly visible line, and shall remain standing until green or "Go" is shown alone.
(D) Flashing red alone: Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an intersection or at such other point as may be indicated by a clearly visible line, and shall not again proceed until it can do so without danger.
(E) Flashing amber alone: Vehicular traffic facing the signal shall reduce its speed and proceed cautiously across the intersection controlled by such signal.
(F) "Yield Right-of-Way": Vehicular traffic facing the "Yield Right-of-Way" sign shall bear the primary responsibility of safely entering the primary intersecting or merging right-of-way. All traffic facing the sign shall yield the right-of-way. All traffic facing the sign shall yield the right-of-way to all vehicles and pedestrians within such primary intersecting or merging right-of-way. No vehicle facing a "Yield Right-of-Way" sign shall enter the merging or intersecting right-of-way at a speed in excess of 15 miles per hour, except that this speed limit shall not apply to vehicles entering an expressway.
(G) Lane lights: When lane lights are installed over any street for the purpose of controlling the direction of flow of traffic, vehicular traffic shall move only in traffic lanes over which green arrows appear. However, when flashing amber lights appear above a lane all left turns shall be made from that lane. Where red arrows appear above such lanes, vehicles shall not move against them. If flashing amber lights show above a lane, that lane shall be used only for passing and for left turns unless a sign at such place prohibits such turn.
Penalty, see § 52.999
Statutory reference:
Traffic-control signals, see KRS 189.338
§ 52.016 ESTABLISHMENT AND MAINTENANCE OF TRAFFIC-CONTROL DEVICES.
The city shall establish and maintain all official traffic-control devices necessary within the city. All traffic-control devices, including signs, shall be employed to indicate one particular warning or regulation, shall be uniform, and as far as possible shall be placed uniformly. All traffic-control devices and signs shall conform to required state specifications.
§ 52.017 OBEDIENCE TO SIGNALS.
(A) It shall be unlawful for the driver of any vehicle to disobey the signal of any official traffic-control device placed in accordance with the provisions of this traffic code or of a traffic barrier or sign erected by any of the public departments or public utilities of the city, or any electric signal, gate, or watchman at railroad crossings, unless otherwise directed by a police officer. However, the type and the right to or necessity for such barrier or sign must be approved by the city.
(B) Such sign, signal, marking, or barrier shall have the same authority as the personal direction of a police officer. Penalty, see § 52.999
§ 52.018 INTERFERENCE WITH SIGNALS.
No person shall without authority attempt to or in fact alter, deface, injure, knock down, or remove any official control device or any railroad sign or signal, or any inscription, shield, or insignia thereon, or any part thereof. Penalty, see § 52.999
§ 52.019 UNAUTHORIZED SIGNALS OR MARKINGS.
(A) It shall be unlawful for any person to place, maintain, or display on or in view of any street any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic device or railroad sign or signal which attempts or purports to direct the movement of traffic, or which conceals or hides from view or interferes with the effectiveness of any official control device or any railroad sign or signal. No person shall place or maintain, nor shall any public authority permit on any street, any traffic sign or signal bearing any commercial advertising. Nothing in this section shall be construed as restricting any public department or public utility of the city in any emergency or temporarily from marking or erecting any traffic barrier or sign that’s placing has been approved by the city.
(B) Every such prohibited sign, signal, or marking is declared to be a public nuisance and the city is empowered forthwith to remove it or cause it to be removed. Penalty, see § 52.999
§ 52.020 DEVICE TO BE LEGIBLE AND IN PROPER POSITION.
No provision of this traffic code for which signs or any other traffic-control device is required shall be enforceable against an alleged violator if at the time and place of the
alleged violation the required device was not in proper position and sufficiently legible to be seen by an ordinarily observant person.
§ 52.021 TEMPORARY DISREGARD OF DEVICES BY POLICE OFFICERS.
In an emergency any police officer may at his discretion disregard traffic-control lights or signals or established regulations in order to facilitate the movement of traffic.
OPERATION GENERALLY; ACCIDENTS
§ 52.030 OBSTRUCTING TRAFFIC.
(A) It shall be unlawful to operate any vehicle or permit it to remain standing in any street in such manner as to create an obstruction thereof.
(B) It shall be unlawful for the operator of any vehicle to enter any intersection or crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle without obstructing the passage of other vehicles or pedestrians, notwithstanding the indication of any traffic-control signal which may be located at the intersection or crosswalk.
(C) Any intersection deemed by the city to be of special or critical importance to the movement of traffic shall be marked in such distinctive manner as to indicate such importance. Should the operator of any vehicle enter any intersection so marked when there is insufficient room on the other side of the intersection to accommodate the vehicle, the indication of any traffic-control signal notwithstanding, he shall be deemed to have violated this division rather than division (B) above.
Penalty, see § 52.999
§ 52.031 REVERSE OR U TURNS.
The operator of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety without interfering with other traffic. (KRS 189.330 (8)) Penalty, see § 52.999
§ 52.032 BACKING VEHICLES.
It shall be unlawful for the operator of any vehicle to back the vehicle at any intersection for the purpose of executing a turning movement. A vehicle from any parking position shall be backed by the operator in such manner as to proceed on the same side of the roadway in the lawful direction of travel. Penalty, see § 52.999
§ 52.033 VEHICLES CROSSING SIDEWALKS.
(A) It shall be unlawful for the operator of any vehicle to drive within any sidewalk space except at a permanent or temporary driveway or by special permit from the City Commission or other authorized city official.
(B) It shall be unlawful for the operator of any vehicle to drive the vehicle out of any alley, driveway, building, or lot and across a sidewalk, or its extension across the alley, unless the vehicle has been brought to a complete stop immediately prior to crossing the sidewalk or its extension. On entering the roadway from the alley, driveway, or building the operator shall yield the right-of-way to all vehicles approaching on the roadway. The operator of any vehicle intending to cross a sidewalk and turn into an alley from the roadway may do so at low speed and with caution. Penalty, see § 52.999
§ 52.034 DUTY OF OPERATOR IN CASE OF ACCIDENT
It shall be the duty of the owner of, operator of, or passenger in any motor vehicle which is involved in an accident in which any person is injured or property damaged to stop immediately and ascertain the extent of the injury or damage and render such assistance as may be needed. Penalty, see § 52.999
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Statutory reference:
Duty in case of accident, see KRS 189.580
§ 52.035 ACCIDENT REPORT.
The operator, owner, or passenger involved in an accident resulting in the injury or death of any person, or an accident in which property is damaged, shall immediately report the accident or property damage to the Police Department.
Penalty, see § 52.999
USER FEES
§ 52.036 INITIATION OF USER FEES.
The City of New Castle Police Department shall initiate user fees for the delivery of Police Department Services, personnel, supplies and equipment to the scene of motor vehicle accidents. The rate of the user fees shall be that which is the usual, customary and reasonable costs (UCR), which includes any services, personnel, supplies and equipment and may fluctuate based on the needs of the accident.
§ 52.037 FILING.
The user fees shall be initially filed to the motor vehicle insurance, representing an add-on-cost of the claim for the damages of the vehicles, property and/or owner of property, or other responsible parties.
§ 52.038 RULES AND REGULATIONS.
The City Commission may make rules or regulations, and from time-to-time may amend, revoke or add rules and regulation, not in consistent with this Section as they may deem necessary or expedient in respect to billing for these fees or the collection thereof.
§ 52.039 FUNDS USED FOR POLICE.
All amount collected as a result of this Ordinance shall be placed into a fund as established by the City Commission to be used exclusively for personnel, supplies and equipment for the New Castle Police Department.
(Ord. # 06-03; adopted 5-10-06)
PROHIBITIONS
§ 52.045 RECKLESS DRIVING; INJURY TO STREETS.
(A) The operator of any vehicle upon a highway shall operate the vehicle in a careful manner, with regard for the safety and convenience of pedestrians and other vehicles upon the highway.
(B) No person shall willfully operate any vehicle on any highway in such a manner as to injure the highway. (KRS 189.290) Penalty, see § 52.999
§ 52.046 RIGHT-OF-WAY OF EMERGENCY VEHICLES; FOLLOWING EMERGENCY VEHICLES; DRIVING OVER FIRE HOSE.
(A) Upon the approach of any emergency vehicle equipped with, and operating, one or more flashing, rotating, or oscillating red or blue lights visible under normal conditions from a distance of 500 feet to the front of such vehicle; or when the driver is giving audible signal be siren, exhaust whistle, or bell, the driver of every other vehicle shall yield the right-of-way, immediately drive to a position parallel to, and as close as possible to, the edge or curb of the highway clear of any intersection, and stop and remain in such position until the emergency vehicle has passed, except when otherwise directed by a police officer or firefighter.
(B) Upon the approach of any emergency vehicle operated in conformity with the provision of division (A) above, the operator of every vehicle shall immediately stop clear of any intersection and shall keep such position until the emergency vehicle has passed, unless directed otherwise by a police officer or firefighter.
(C) No operator of any vehicle, unless he is on official business, shall follow any emergency vehicle being operated in conformity with the provisions of division (A) above closer than 500 feet, nor shall he drive into, park the vehicle into, or park the vehicle within the block where the vehicle has stopped in answer to an emergency call or alarm, unless he is directed otherwise by a police officer or firefighter.
(D) No vehicle, train, or other equipment shall be driven over any unprotected hose of a fire department when the hose is laid down on any street, private driveway, or track for any use at any fire or fire alarm unless the fire department official in command consents that the hose be driven over.
(KRS 189.930) Penalty, see § 52.999
§ 52.047 SMOKE EMISSION OR OTHER NUISANCE.
Every vehicle when on a highway shall be so equipped as to make a minimum of noise, smoke, or other nuisance, to protect the rights of other traffic, and to promote the public safety. (KRS 189.020) Penalty, see § 52.999
§ 52.048 SKATEBOARDS/BICYCLES RESTRICTED.
It shall be unlawful for any person to use or ride skates, skateboards, or bicycles on any sidewalk adjoining Main Street between College Street and Church Street or
adjoining Main Cross Street between Center Street and Property Road between the hours of 6:00 a.m. and 6:00 p.m. Monday through Friday, and 8:00 a.m. through noon on Saturdays, Sundays and holidays.
§52.049 DYNAMIC BRAKING DEVICES PROHIBITED.
(A) DEFINITION: A dynamic braking device (commonly referred to as Jake Brakes, Jacobs Break, Engine Breaks or Compression Brakes) is defined as a device primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of breaking without the use of wheel brakes.
(B) USE PROHIBITED: It is unlawful for any person to operate any motor vehicle with a dynamic breaking device engaged within the city limits, where posted, except for emergency situations for the purpose of avoiding a collision with another object or vehicle.
PARADES
§ 52.060 DEFINITIONS.
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicated or requires a different meaning.
“CRUISING.” The repeated operation of two or more vehicles in a continuous or nearly continuous flow through a parking lot.
“PARADE.” Any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display in or on any street, sidewalk, park, or other public place in the city, or “CRUISING” as defined herein.
“PARADE PERMIT.” A permit required by this subchapter.
“PARKING LOT.” Any paved or unpaved area used by a place of business or shopping center for the parking of vehicles of their customers, but shall not include those operated for hire as defined in KRS 189.700.
§ 52.061 PERMIT REQUIRED.
(A) No person or persons shall engage in, participate in, aid, form, or start and parade unless a parade permit has been obtained from the City Commission of other authorized city official.
(B) This subchapter shall not apply to:
(1) Funeral processions;
(2) Students going to and from school classes or participating in educational activities, providing the conduct is under the immediate direction and supervision of the proper school authorities;
(3) A governmental agency acting within the scope of its functions.
Penalty, see § 52.999
§ 52.062 APPLICATION FOR PERMIT.
A person seeking issuance of a parade permit shall file an application with the City Commission of other authorized city official on forms provided by the Commission or such officer.
(A) Filing period. The application for a parade permit shall be filled not less than five days or not more than 60 days before the date on which it is proposed to conduct the parade.
(B) The application for a parade permit shall set forth the following information:
(1) The name, address, and telephone number of the person seeking to conduct
the parade;
(2) If the parade is proposed to be conducted for, on behalf of, or by an
Organization, the name, address, and telephone number of the headquarters of the organization and of the authorized and responsible heads of the organization;
(3) The name, address, and telephone number of the person who will be the
Parade chairman and who will be responsible for its conduct;
(4) The date when the parade is to be conducted;
(5) The route to be traveled, the starting point, and the termination point;
(6) The approximate number of persons, animals, and vehicles which will constitute the parade, the type of animals, if any, and the description of the vehicles;
(7) The hours when the parade will start and terminate;
(8) A statement as to whether the parade will occupy all or only a portion of the width of the streets, sidewalks, park, or other public place proposed to be traversed;
(9) The location by street of any assembly area for the parade;
(10) The time at which units of the parade will being to assemble at any such
assembly area or areas;
(11) The internal of space to be maintained between units of the parade;
(12) If the parade is designed to be held by, and on behalf of or for, any
person other than the applicant, the applicant for the permit shall file a
communication in writing from the person authorizing the applicant to
apply for the permit on his behalf;
(13) An acknowledgement by the applicant that all rubbish, trash, litter and
other debris accumulated along the route resulting from parade activities
shall be cleaned up and removed by the organization conducting the
parade within twenty-four (24) hours of the completion of the parade.
(14) Any additional information reasonable necessary to a fair determination
as to whether a permit should issue.
(C) There shall be paid at the time of filing an application for a parade permit a deposit in the amount of $100.00. The deposit may be withheld in whole or in part to be applied to any expenses incurred by the City resulting from any non-compliance of this subchapter. Penalty, see § 52.999
§ 52.063 STANDARDS FOR ISSUANCE OF PERMIT.
The City Commission or other authorized city official shall issue a permit when, from a consideration of the application and from other information obtained, he finds that:
(A) The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;
(B) The conduct of the parade will not require the diversion of so great a number of police officers of the city to properly police the live of movement and the areas contiguous thereto as to prevent normal police protection to the city;
(C) The conduct of the parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the proposed line of march and areas contiguous thereto;
(D) The concentration of persons, animals, and vehicles at assemble points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to the assembly areas;
(E) The conduct of the parade will not interfere with the movement of fire fighting equipment enroute to a fire;
(F) The parade is scheduled to move from its point of origin to its point of terminations expeditiously and without unreasonable delays enroute;
(G) The parade is not to be held for the sole purpose of advertising any product, goods, or event, and is not designated to be held purely for private profit;
(H) The parade, if it takes the form of cruising, has the approval in writing of the owner or an authorized agent of the owner for the use of the parking lot which is the site of the parade. Penalty, see 52.999
§ 52.064 NOTICE OF REJECTION OF PERMIT.
The City Commission or other authorized city officials shall act on the application for a parade permit within three days, Saturdays, Sundays, and holidays excepted, after filing thereof. If the City Commission or authorized city official disapproves the application, it shall mail to the applicant within three days, Saturdays, Sundays, and holidays excepted, after the date on which the application was filed, a notice of its action stating the reasons for denial of the permit.
§ 52.065 APPEAL PROCEDURE WHEN PERMIT DENIED.
Any person aggrieved shall have the right to appeal the denial of a parade permit to the City Commission. The appeal shall be taken within the 30 days after notice of denial. The City Commission shall act on the appeal within the 30 days after its receipt.
§ 52.066 ALTERNATIVE PERMIT.
The City Commission or other authorized city official, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different than that named by the applicant. An applicant desiring to accept and alternate permit shall file a written notice of his acceptance.
An alternate parade permit shall conform to the requirements of, and shall have the effect of, a parade permit under this subchapter.
§ 52.067 NOTICE TO CITY AND OTHER OFFICIALS WHEN PERMIT ISSUED.
Immediately on the issuance of a parade permit, a copy thereof shall be sent to the following persons:
(A) The City Commission;
(B) The City Attorney;
(C) The Fire Chief;
(D) The general manager or responsible head of each public utility, the regular routes of whose vehicles will be affected by the route of the proposed parade.
§ 52.068 CONTENTS OF PERMIT.
Each parade permit shall state the following information:
(A) Starting time;
(B) Minimum speed;
(C) Maximum speed;
(D) Maximum interval of space to be maintained between the units of the parade;
(E) The portions of the street, sidewalk, park or other public place to be traversed that may be occupied by the parade;
(F) The maximum length of the parade is miles or fractions thereof;
(G) Such other information as is reasonable necessary to the enforcement of this subchapter.
Penalty, see § 52.999
§ 52.069 DUTIES OF PERMITTEE.
A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. The parade chairman or other person heading or leading the activity shall carry the parade permit on his person during the conduct of the parade. Penalty, see § 52.999
§ 52.070 PUBLIC CONDUCT DURING PARADES.
(A) Interference. No person shall unreasonable hamper, obstruct, impede, or interfere with any parade or parade assembly or with any person, vehicle, or animal participating or used in a parade.
(B) Driving through parades. No driver of a vehicle except a police car or other emergency vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.
(C) Parking on parade route. The City Commission or other authorized city official shall have the authority, when reasonable necessary, to prohibit or restrict the parking of vehicles along a street or other public thoroughfare or part thereof constituting a part of the route of a parade. Signs shall be posted to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street or other public thoroughfare unless signs have been posted in accordance with this division. Penalty, see § 52.999
§ 52.071 REVOCATION OF PERMIT.
The city shall have the authority to revoke a parade permit issued hereunder on application of the standards for issuance as herein set forth.
PARKING GENERALLY
§ 52.080 OBSTRUCTIONAL OR DOUBLE PARKING; ABANDONED VEHICLES.
(A) It shall be unlawful for any person to leave any vehicle or any other thing that may be a nuisance, obstruction, or hindrance in or on any street, alley, or sidewalk within the city either during the day or night.
(B) It shall be unlawful for any person to stop or park any vehicle on the roadway side of any other vehicle stopped or parked at the edge or curb of a street.
(C) It shall be unlawful for any person to leave a motor vehicle on a city street under circumstances indicating an abandonment. Any motor vehicle left on a city street for more than seven consecutive days shall be presumed to be abandoned.
(Ord. 84-7, passed 11-6-85) Penalty, see § 52.999
§ 52.081 MANNER OF PARKING.
(A) It shall be unlawful for the operator of any vehicle to stop or park the vehicle in a manner other than with its right-hand side toward and parallel with the curb, except that where parking is permitted on the left side of a one-way street, the left-hand side shall be so parked, and except for commercial loading and unloading on one-way streets.
(B) No vehicle shall be parked or left standing on any street unless its two right wheels are within six inches of and parallel with the curb, except that on one-way streets where parking is permitted on the left side the two left wheels are to be within six inches of and parallel with the curb.
(C) No vehicle shall be backed to the curb on any street, except that wagons and trucks may do so when loading and unloading provided that such loading and unloading and delivery of property and material shall not consume more than 30 minutes. Such backing of trucks or wagons is prohibited at all times and on all streets in the city where any truck or wagon so backed interferes with the use of the roadway of moving vehicles or occupies road space within ten feet of the center line of the street.
(D) The city may establish diagonal parking at certain places requiring the parking of vehicles at a certain angle to the curb and within a certain portion of the roadway adjacent thereto. However, diagonal parking shall not be established where the roadway space required therefore would be within ten feet of the center line of any street. Such diagonal parking places shall be designated by suitable signs, and shall indicate by markings on the pavement the required angle and the width of the roadway space within which such vehicle shall park.
(E) It shall be unlawful for the operator of any vehicle to so park such vehicle that any part thereof shall extend beyond the lines marking the side or the rear of the space assigned for one vehicle. Penalty, see § 52.999
§ 52.082 STOPPING ON ROADWAY PROHIBITED; EXCEPTIONS.
(A) No person shall stop a motor vehicle, leave it standing, or cause it to stop or to be left standing on the roadway of any city street. However, the prohibition expressed in this division shall not apply to a motor vehicle:
(1) Disabled on the main-traveled portion of a city street in such a manner
and to such extent that it is impossible to avoid the occupation of the
main-traveled portion or impracticable to remove it from the city street
until repairs have been made or sufficient help obtained for its
removal;
(2) When required to stop in obedience to the provisions of state law, any
county or city traffic ordinance or sign, or the command of any peace
officer;
(3) When required to stop by reason of an obstruction to its progress;
(4) Parked adjacent to a residence off the roadway of a city street
where such parking is otherwise permitted, provided the motor vehicle
so parked does not impede the flow of two-lane traffic or access to
private driveways.
(5) In the event of inclement weather, and under conditions creating a
substantial necessity to do so, parking along a city roadway, provided
that the motor vehicle so parked allows for the passage of all police,
fire and other emergency vehicles. Any vehicle so parked shall be
removed immediately when the necessity for so parking ceases to
exist.
(B) Whenever any police officer finds a motor vehicle standing on a city street in violation of division (A), he may move the vehicle, or require the operator or other person in charge of the vehicle to move it, to a position off the paved or main-traveled part of the street. (Ord. 84-7, passed 11-6-85) Penalty see § 52.999
§ 52.083 LIMITATIONS OF STOPPING AND PARKING.
(A) It shall be unlawful for the operator of any vehicle to stop or park such vehicle except in a case of real emergency or in compliance with the provisions of this traffic code or when directed by a police officer or traffic sign or signal at any time in the following places:
(1) On a sidewalk. (Ord. 84-7, passed 11-6-85)
(2) In front of sidewalk ramps provided for handicapped persons.
(3) In front of a public or private driveway.
(4) Within an intersection or crosswalk. (Ord. 84-7, passed 11-6-85)
(5) At any place where official signs prohibit stopping or parking.
(Ord. 84-7, passed 11-6-85)
(6) Within 30 feet of any flashing beacon, traffic sign, or traffic-control
device.
(7) No person shall move a vehicle not lawfully under his control into any
such prohibited area. (KRS 189.450 (4) - (6))
(B) The prohibitions expressed in division (A) of this section shall not apply to any peace officer when operating a properly identified vehicle during the performance of his official duties. (Ord. 84-7, passed 11-6-85) Penalty, see § 52.999
§ 52.084 RESTRICTIONS AND PROHIBITIONS ON DESIGNATED STREETS.
(A) The provisions of this section prohibiting the stopping and parking of a vehicle shall apply at all times or at those times herein specified 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 devices.
(B) The provisions of this section imposing a time limit on parking shall not relieve any person from his duty to observe other and more restrictive provisions prohibiting or limiting the stopping or parking of vehicles in specific places or at specified times.
(C) When signs are erected in compliance with the provisions of division (F) below giving notice thereof, no person shall park a vehicle at any time on any street so marked by official signs.
(D) When a curb has been painted in compliance with the provisions of division (F) below, no person shall park a vehicle at any time at or adjacent to any curb so marked.
(E) When signs are erected in compliance with the provisions of division (F) below, in each block giving notice thereof, no person shall park a vehicle between the hours specified by official signs on any day except Sundays on any street so marked.
(F) (1) The city shall determine on what streets or portions thereof stopping or parking shall be restricted or prohibited. Whenever under authority of or by this traffic code or any other ordinance any parking limit is imposed or parking is prohibited on designated streets, or parking areas are restricted to handicapped parking, appropriate signs shall be erected giving notice thereof. However, in lieu of erecting such signs or in conjunction therewith, the face and top of a curb or curbs at or adjacent to which parking is prohibited at all times may be painted a solid yellow color.
(2) No such regulations or restrictions shall be effective unless the signs have been erected and are in place or the curbs are painted yellow at the time of any alleged offense, except in the case of those parking restrictions which by their very nature would not require such signs and markings.
(G) When signs are erected in compliance with division (F) above in each block giving notice thereof, no person shall park a vehicle for a time longer than specified on official signs any day except Sunday and on any street so marked.
Penalty, see § 52.999
§ 52.085 PARKING RESTRICTED TO ALLOW STREET CLEANING.
The city is authorized to designate street cleaning areas and shall provide suitable signs and markings on the street to be cleaned, restricting parking on that particular day. It shall be unlawful for the operator of any vehicle to stop on any street so designated. Penalty, see § 52.999
§ 52.086 ALL-NIGHT PARKING.
It shall be unlawful for anyone to park in any one place any vehicle on any of the public ways or streets of the city for a period of 24 hours or longer. Any vehicle left parked in any one place on any of the public ways or streets of the city for a period of 24 hours or longer shall be deemed abandoned, and shall be subject to all existing regulations of the city pertaining to abandoned motor vehicles. Penalty, see § 52.999
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Cross-reference:
Removal of abandoned vehicles, see § 52.111 et seq.
§ 52.087 PARKING ON PARADE ROUTE.
(A) The City Commission or other authorized city official shall have the authority, whenever in its judgment it is necessary, to prohibit or restrict the parking of vehicles along a street or part thereof constituting a part of the route of a parade or procession, to erect temporary traffic signs to that effect, and to prohibit and prevent such parking.
(B) It shall be unlawful to park or leave unattended any vehicle in violation of such signs or directions. Penalty, see § 52.999
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Cross-reference:
Parades, see § 52.060 through 52.071
§ 52.088 PARKING ON OFF-STREET FACILITY.
It shall be unlawful for the driver of a motor vehicle to park or abandon the vehicle or drive on or otherwise trespass on another's property, or on an area developed as an off-street parking facility, without the consent of the owner, lessee, or person in charge of any such property or facility. If at any time a vehicle is parked, abandoned, or otherwise trespasses in violation of the provisions of this section, a warrant may be obtained in District Court by the owner, lessee, or person in charge of the property or facility, and the Police Department, on written complaint of the owner, lessee, or person in charge, shall remove or cause to be removed the vehicle in accordance with the provisions of § 52.110 through 52.112. Penalty, see § 52.999
§ 52.089 OWNER RESPONSIBILITY.
If any vehicle is found illegally parked in violation of any provisions of this subchapter regulating stopping, standing, or parking of vehicles, and the identity of the driver cannot be determined, the owner or person in whose name the vehicle is registered shall be held prima facie responsible for the violation.
Penalty, see § 52.999
§ 52.090 PARKING IN PARKS.
It shall be unlawful for any person to park any motor vehicle in or on any section of any public park, playground, play lot, or tot lot within the city not designed as a parking area or designed and regularly maintained as a roadway. However, nothing contained in this section shall be construed as prohibiting the parking of a motor vehicle parallel to a designated and regularly maintained roadway in any such park or playground where at least two wheels of the motor vehicle are resting on such roadway. Penalty, see § 52.999
§ 52.091 DISPLAY OF PARKED VEHICLE FOR SALE.
It shall be unlawful to park a motor vehicle displayed for sale or a motor vehicle on which demonstrations are being made on any street. Penalty, see § 52.999
§ 52.092 PARKING WITH HANDICAPPED PERMITS.
(A) Any other provision to the contrary notwithstanding, a motor vehicle bearing a decal in its front windshield issued by the County Clerk pursuant to appropriate
county ordinances for handicapped persons, when operated by a handicapped person or when transporting a handicapped person, may be parked in a designated handicapped parking place, or when parked for in a metered parking space may be parked for two hours for no fee, or when parked where any parking limit is imposed may be parked for two hours in excess of the parking limit. The motor vehicle may be parked in a loading zone for that period of time necessary to permit entrance or exit of the handicapped person to or from the parked vehicle, but in no circumstances longer than 30 minutes.
(B) This section shall not permit parking in a "no stopping" or "no parking" zone nor where parking is prohibited for the purpose of creating a fire lane or to accommodate heavy traffic during morning, afternoon, or evening hours, nor permit a motor vehicle to be parked in such a manner as to constitute a traffic hazard.
Penalty, see § 52.999
IMPOUNDING
§ 52.110 IMPOUNDMENT OF VEHICLES AUTHORIZED; REDEMPTION.
(A) All police officers are empowered to authorize the impoundment of a vehicle violating vehicle-related ordinances after a citation has been issued.
(B) A vehicle slated for impoundment will be tagged and placed under control of the Police Department. Should a vehicle be moved without the consent and approval of the Police Department a warrant shall be issued immediately for the violator's arrest.
(C) All fines, fees, and charges must be paid in full before a release of impoundment can be issued for the vehicle's release.
§ 52.111 REQUIRED NOTICE TO OWNER.
(A) When a motor vehicle has been involuntarily towed or transported pursuant to order of police, other public authority, or private person or business for any reason or when the vehicle has been stolen or misappropriated and its removal from the public ways has been ordered by police, other public authority, or by private person or business, or in any other situation where a motor vehicle has been involuntarily towed or transported by order of police, other authority, or private person or business shall attempt to ascertain from the State Transportation Cabinet the identity of the registered owner of the motor vehicle or lessor of a motor carrier as defined in KRS
Chapter 281 and within ten business days of the removal shall, by certified mail, attempt to notify the registered owner at the address of record of the make, model, license number, and vehicle identification number of the vehicle, of the location of the vehicle, and of the requirements for securing the release of the motor vehicle.
(B) In the event that a vehicle described in division (A) is placed in a garage or other storage facility, the owner of the facility shall attempt to provide the notice provided in division (A) by certified mail to the registered owner at the address of record of the motor vehicle or lessor of a motor carrier as defined in KRS Chapter 281 within ten business days of recovery of, or taking possession of the motor vehicle. This notice shall contain the information as to the make, model, license number, and vehicle identification number of the vehicle, the location of the vehicle, and the amount of reasonable charges due on the vehicle. When the owner of the facility fails to provide notice as provided herein, the motor vehicle storage facility shall forfeit all storage fees accrued after ten business days from the date of tow. This division (B) shall not apply to a tow lot or storage facility owned or operated by the city. (KRS 376.275 (1), (2))
§ 52.112 SALE OF VEHICLE.
Any person engaged in the business of storing or towing motor vehicles in either a private capacity or for the city who has substantially complied with the requirements
of § 52.111 shall have a lien on the motor vehicle for the reasonable or agreed charges for storing or towing the vehicle as long as it remains in his possession. If after a period of 60 days, the reasonable or agreed charges for storing or towing a motor vehicle have not been paid, the motor vehicle may be sold to pay the charges after the owner has been notified by certified mail ten days prior to the time and place of the sale. Should the proceeds of the sale of any vehicle pursuant to this section be insufficient to satisfy accrued charges for towing, transporting, and/or storage, the sale and collection of proceeds shall not constitute a waiver or release of responsibility for payment of unpaid towing, transporting, and/or storage charges by the owner or responsible casualty insurer of the vehicle. This lien shall be subject to prior recorded liens. (KRS 376.275 (3))
§ 52.999 PENALTY
(A) Whoever violates any provision of this chapter for which no other penalty is specifically provided shall be fined not less than $20 nor more than $500.
(B) Any person who violates § 52.046 shall be fined not less than $60 nor more than $500, or be imprisoned in the county jail for not more than 30 days, or both.
(KRS 189.993(8))
(C) Any person receiving a citation for any parking violation in the city shall be fined in amount not less than $20 nor more than $100.
(KRS 189.990 (1))
52.001 Definitions
52.002 Required obedience to traffic directions
52.003 Powers and duties of Police Department
52.004 Authority for enforcement
52.005 Temporary regulations
Traffic Control Devices
52.015 Signal legends
52.016 Establishment and maintenance of traffic-control devices
52.017 Obedience to signals
52.018 Interference with signals
52.019 Unauthorized signals or markings
52.020 Device to be legible and in proper position
52.021 Temporary disregard of devices by police officers
Operation Generally; Accidents
52.030 Obstructing traffic
52.031 Reverse or U turns
52.032 Backing vehicle
52.033 Vehicles crossing sidewalks
52.034 Duty of operator in case of accident
52.035 Accident report
Prohibitions
52.045 Reckless driving; injury to streets
52.046 Right-of-way of emergency vehicles; following emergency vehicles; driving over fire hose
52.047 Smoke emission or other nuisance
52.048 Skateboards
52.049 Dynamic braking devices
Parades
52.60 Definitions
52.61 Permit required
52.62 Application for permit
52.63 Standards for issuance of permit
52.64 Notice of rejection of permit
52.65 Appeal procedures when permit denied
52.66 Alternative permit
52.67 Notice to city and other officials when permit issued
52.68 Contents of permit
52.69 Duties of permittee
52.70 Public conduct during parades
52.71 Revocation of permit
Parking Generally
52.080 Obstructional or double parking; abandoned vehicles
52.081 Manner of parking
52.082 Stopping on roadway prohibited; exceptions
52.083 Limitations of stopping and parking
52.084 Restrictions and prohibitions on designated streets
52.085 Parking restricted to allow street cleaning
52.086 All-night parking
52.087 Parking on parade route
52.088 Parking on off-street facility
52.089 Owner responsibility
52.090 Parking in parks
52.091 Display of parked vehicle for sale
52.092 Parking with handicapped permits
Impounding
52.110 Impoundment of vehicles authorized; redemption
52.111 Required notice to owner
52.112 Sale of vehicle
52.999 Penalty
Statutory reference:
Revenues from fees, fines, and forfeitures related to parking, see KRS 65.120
§ 52.001 DEFINITIONS
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"AUTHORIZED EMERGENCY VEHICLES." Vehicles of the Volunteer Fire
Department or Police Department, vehicles of the Commonwealth Attorney's office when on official business, and ambulance on an authorized emergency run.
"BOULEVARD." Any legally designated street at which cross traffic is required to stop before entering or crossing such boulevard.
"BUSINESS DISTRICT." Any portion of any street between two consecutive intersections in which 50% or more of the frontage on either side of the street is used for business purposes.
"CROSSWALK." That portion of the roadway included within the extension of the sidewalk across any intersection, and such other portions of the roadway between two intersections, as may be legally designated as crossing places and marked by stanchions, paint lines, or otherwise.
"CURB." The boundary of that portion of the street used for vehicles whether marked by curbstones or not.
"INTERSECTION." That part of the public way embraced within the extensions of the street lines of two or more streets which join at an angle whether or not one such street crosses the other.
"OFFICIAL TRAFFIC-CONTROL DEVICES." All signs, signals, warnings, directions, markings, and devices placed or erected or maintained by authority of the City Commission.
"ONE-WAY STREET." A street on which vehicles are permitted to move in one direction only.
"OPERATOR." Every person who is in actual physical control of the guidance, starting, and stopping of a vehicle.
"PARK." When applied to vehicles, to leave a vehicle standing, whether occupied or not, for a period of time longer than is necessary to receive or discharge passengers or property.
"PEDESTRIAN." Any person afoot.
"PLAY STREET." Any street or portion thereof so designated by the City Commission and reserved as a play area for children, from which all traffic is barred, except vehicles to and from abutting properties.
"POLICE DEPARTMENT." The Police Department or other persons or agency authorized to perform the duties of § 52.003 or any other acts necessary to implement and enforce this traffic code.
"PUBLIC WAY." The entire width between property lines of every way, dedicated passway, or street set aside for public travel, except bridle paths and foot paths.
"REVERSE TURN." To turn a vehicle on any street in such a manner as to proceed in the opposite direction.
"RIGHT-OF-WAY." The privilege of the immediate and preferential use of the street.
"ROADWAY." That portion of any street, improved, designated, or ordinarily used for vehicular travel.
"SIDEWALK." That portion of the street between the curb and the property line intended for the use of pedestrians.
"STOPPING." As applied to vehicles, to stop a vehicle longer than is actually necessary to receive or discharge passengers.
"STREET." Every public way, including alleys.
"TRAFFIC." Pedestrians, ridden or herded animals, vehicles, buses, and other conveyances, individually or collectively, while using any street for the purpose of travel.
"VEHICLE." Every device in, on, or by which any person or property is or may be transported or drawn on any street except devices moved by human power or used exclusively on stationary rails or tracks.
§ 52.002 REQUIRED OBEDIENCE TO TRAFFIC DIRECTIONS.
(A) It shall be unlawful for any person to fail or refuse to comply with any lawful order, signal, or direction given by a uniformed police officer, or to fail or refuse to comply with any of the traffic regulations of this traffic code.
(B) The provisions of this traffic code shall apply to the driver of any vehicle owned or used in the service of the United States government, this state, county, or city, and it shall be unlawful for any such driver to violate any of the provisions of this traffic code, except as otherwise permitted in this traffic code or by state statute.
(C) Every person propelling any pushcart or riding a bicycle or an animal on any roadway, and every person driving any animal on any roadway, and every person driving any animal-drawn vehicle shall be subject to the provisions of this traffic code applicable to the driver of any vehicle, except those provisions of this traffic code which by their very nature can have no application. Penalty, see § 52.999
§ 52.003 POWERS AND DUTIES OF POLICE DEPARTMENT.
It shall be the duty of the Police Department to direct all traffic in conformance with this traffic code and to enforce the traffic regulations as set forth in this traffic code, to make arrest for traffic violations, to investigate accidents, and to cooperate with other officers of the city in the administration of the traffic laws, and in developing ways and means to improve traffic conditions.
§ 52.004 AUTHORITY FOR ENFORCEMENT.
Authority to direct and enforce all traffic regulations of this city in accordance with the provisions of this traffic code and to make arrests for traffic violations is given to the Police Department, and, except in case of emergency, it shall be unlawful for any
other person to direct or attempt to direct traffic by voice, hand, whistle, or any other signal. Penalty, see § 52.999
§ 52.005 TEMPORARY REGULATIONS.
When required for the safety of the public and to alleviate extraordinary traffic problems resulting from severe and inclement weather conditions or other emergencies, the Director of Public Works is hereby authorized to impose and implement such regulations as are reasonable and necessary to restore normal traffic conditions. Notice of the nature, duration and extent of any such temporary regulations shall be transmitted to all local media, and a reasonable attempt to notify any private property owners/occupiers affected by the same shall me made.
TRAFFIC-CONTROL DEVICES
§ 52.015 SIGNAL LEGENDS.
Whenever traffic is regulated or controlled exclusively by a traffic-control sign or signs exhibiting the words "Go," "Caution," or "Stop," or exhibiting different colored lights for purposes of traffic control, the following colors only shall be used, and these terms and lights shall indicate and be obeyed as follows:
(A) Green alone or "Go": Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. However, vehicular traffic shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection at the time such signal is exhibited.
(B) Steady yellow alone or "Caution" when shown following the green or "Go" signal: Vehicular traffic facing a steady yellow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection. Vehicular traffic facing a steady yellow signal may enter and clear the intersection.
(C) Red alone or double red or "Stop": Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an intersection or at such other point as may be indicated by a clearly visible line, and shall remain standing until green or "Go" is shown alone.
(D) Flashing red alone: Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an intersection or at such other point as may be indicated by a clearly visible line, and shall not again proceed until it can do so without danger.
(E) Flashing amber alone: Vehicular traffic facing the signal shall reduce its speed and proceed cautiously across the intersection controlled by such signal.
(F) "Yield Right-of-Way": Vehicular traffic facing the "Yield Right-of-Way" sign shall bear the primary responsibility of safely entering the primary intersecting or merging right-of-way. All traffic facing the sign shall yield the right-of-way. All traffic facing the sign shall yield the right-of-way to all vehicles and pedestrians within such primary intersecting or merging right-of-way. No vehicle facing a "Yield Right-of-Way" sign shall enter the merging or intersecting right-of-way at a speed in excess of 15 miles per hour, except that this speed limit shall not apply to vehicles entering an expressway.
(G) Lane lights: When lane lights are installed over any street for the purpose of controlling the direction of flow of traffic, vehicular traffic shall move only in traffic lanes over which green arrows appear. However, when flashing amber lights appear above a lane all left turns shall be made from that lane. Where red arrows appear above such lanes, vehicles shall not move against them. If flashing amber lights show above a lane, that lane shall be used only for passing and for left turns unless a sign at such place prohibits such turn.
Penalty, see § 52.999
Statutory reference:
Traffic-control signals, see KRS 189.338
§ 52.016 ESTABLISHMENT AND MAINTENANCE OF TRAFFIC-CONTROL DEVICES.
The city shall establish and maintain all official traffic-control devices necessary within the city. All traffic-control devices, including signs, shall be employed to indicate one particular warning or regulation, shall be uniform, and as far as possible shall be placed uniformly. All traffic-control devices and signs shall conform to required state specifications.
§ 52.017 OBEDIENCE TO SIGNALS.
(A) It shall be unlawful for the driver of any vehicle to disobey the signal of any official traffic-control device placed in accordance with the provisions of this traffic code or of a traffic barrier or sign erected by any of the public departments or public utilities of the city, or any electric signal, gate, or watchman at railroad crossings, unless otherwise directed by a police officer. However, the type and the right to or necessity for such barrier or sign must be approved by the city.
(B) Such sign, signal, marking, or barrier shall have the same authority as the personal direction of a police officer. Penalty, see § 52.999
§ 52.018 INTERFERENCE WITH SIGNALS.
No person shall without authority attempt to or in fact alter, deface, injure, knock down, or remove any official control device or any railroad sign or signal, or any inscription, shield, or insignia thereon, or any part thereof. Penalty, see § 52.999
§ 52.019 UNAUTHORIZED SIGNALS OR MARKINGS.
(A) It shall be unlawful for any person to place, maintain, or display on or in view of any street any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic device or railroad sign or signal which attempts or purports to direct the movement of traffic, or which conceals or hides from view or interferes with the effectiveness of any official control device or any railroad sign or signal. No person shall place or maintain, nor shall any public authority permit on any street, any traffic sign or signal bearing any commercial advertising. Nothing in this section shall be construed as restricting any public department or public utility of the city in any emergency or temporarily from marking or erecting any traffic barrier or sign that’s placing has been approved by the city.
(B) Every such prohibited sign, signal, or marking is declared to be a public nuisance and the city is empowered forthwith to remove it or cause it to be removed. Penalty, see § 52.999
§ 52.020 DEVICE TO BE LEGIBLE AND IN PROPER POSITION.
No provision of this traffic code for which signs or any other traffic-control device is required shall be enforceable against an alleged violator if at the time and place of the
alleged violation the required device was not in proper position and sufficiently legible to be seen by an ordinarily observant person.
§ 52.021 TEMPORARY DISREGARD OF DEVICES BY POLICE OFFICERS.
In an emergency any police officer may at his discretion disregard traffic-control lights or signals or established regulations in order to facilitate the movement of traffic.
OPERATION GENERALLY; ACCIDENTS
§ 52.030 OBSTRUCTING TRAFFIC.
(A) It shall be unlawful to operate any vehicle or permit it to remain standing in any street in such manner as to create an obstruction thereof.
(B) It shall be unlawful for the operator of any vehicle to enter any intersection or crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle without obstructing the passage of other vehicles or pedestrians, notwithstanding the indication of any traffic-control signal which may be located at the intersection or crosswalk.
(C) Any intersection deemed by the city to be of special or critical importance to the movement of traffic shall be marked in such distinctive manner as to indicate such importance. Should the operator of any vehicle enter any intersection so marked when there is insufficient room on the other side of the intersection to accommodate the vehicle, the indication of any traffic-control signal notwithstanding, he shall be deemed to have violated this division rather than division (B) above.
Penalty, see § 52.999
§ 52.031 REVERSE OR U TURNS.
The operator of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety without interfering with other traffic. (KRS 189.330 (8)) Penalty, see § 52.999
§ 52.032 BACKING VEHICLES.
It shall be unlawful for the operator of any vehicle to back the vehicle at any intersection for the purpose of executing a turning movement. A vehicle from any parking position shall be backed by the operator in such manner as to proceed on the same side of the roadway in the lawful direction of travel. Penalty, see § 52.999
§ 52.033 VEHICLES CROSSING SIDEWALKS.
(A) It shall be unlawful for the operator of any vehicle to drive within any sidewalk space except at a permanent or temporary driveway or by special permit from the City Commission or other authorized city official.
(B) It shall be unlawful for the operator of any vehicle to drive the vehicle out of any alley, driveway, building, or lot and across a sidewalk, or its extension across the alley, unless the vehicle has been brought to a complete stop immediately prior to crossing the sidewalk or its extension. On entering the roadway from the alley, driveway, or building the operator shall yield the right-of-way to all vehicles approaching on the roadway. The operator of any vehicle intending to cross a sidewalk and turn into an alley from the roadway may do so at low speed and with caution. Penalty, see § 52.999
§ 52.034 DUTY OF OPERATOR IN CASE OF ACCIDENT
It shall be the duty of the owner of, operator of, or passenger in any motor vehicle which is involved in an accident in which any person is injured or property damaged to stop immediately and ascertain the extent of the injury or damage and render such assistance as may be needed. Penalty, see § 52.999
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Statutory reference:
Duty in case of accident, see KRS 189.580
§ 52.035 ACCIDENT REPORT.
The operator, owner, or passenger involved in an accident resulting in the injury or death of any person, or an accident in which property is damaged, shall immediately report the accident or property damage to the Police Department.
Penalty, see § 52.999
USER FEES
§ 52.036 INITIATION OF USER FEES.
The City of New Castle Police Department shall initiate user fees for the delivery of Police Department Services, personnel, supplies and equipment to the scene of motor vehicle accidents. The rate of the user fees shall be that which is the usual, customary and reasonable costs (UCR), which includes any services, personnel, supplies and equipment and may fluctuate based on the needs of the accident.
§ 52.037 FILING.
The user fees shall be initially filed to the motor vehicle insurance, representing an add-on-cost of the claim for the damages of the vehicles, property and/or owner of property, or other responsible parties.
§ 52.038 RULES AND REGULATIONS.
The City Commission may make rules or regulations, and from time-to-time may amend, revoke or add rules and regulation, not in consistent with this Section as they may deem necessary or expedient in respect to billing for these fees or the collection thereof.
§ 52.039 FUNDS USED FOR POLICE.
All amount collected as a result of this Ordinance shall be placed into a fund as established by the City Commission to be used exclusively for personnel, supplies and equipment for the New Castle Police Department.
(Ord. # 06-03; adopted 5-10-06)
PROHIBITIONS
§ 52.045 RECKLESS DRIVING; INJURY TO STREETS.
(A) The operator of any vehicle upon a highway shall operate the vehicle in a careful manner, with regard for the safety and convenience of pedestrians and other vehicles upon the highway.
(B) No person shall willfully operate any vehicle on any highway in such a manner as to injure the highway. (KRS 189.290) Penalty, see § 52.999
§ 52.046 RIGHT-OF-WAY OF EMERGENCY VEHICLES; FOLLOWING EMERGENCY VEHICLES; DRIVING OVER FIRE HOSE.
(A) Upon the approach of any emergency vehicle equipped with, and operating, one or more flashing, rotating, or oscillating red or blue lights visible under normal conditions from a distance of 500 feet to the front of such vehicle; or when the driver is giving audible signal be siren, exhaust whistle, or bell, the driver of every other vehicle shall yield the right-of-way, immediately drive to a position parallel to, and as close as possible to, the edge or curb of the highway clear of any intersection, and stop and remain in such position until the emergency vehicle has passed, except when otherwise directed by a police officer or firefighter.
(B) Upon the approach of any emergency vehicle operated in conformity with the provision of division (A) above, the operator of every vehicle shall immediately stop clear of any intersection and shall keep such position until the emergency vehicle has passed, unless directed otherwise by a police officer or firefighter.
(C) No operator of any vehicle, unless he is on official business, shall follow any emergency vehicle being operated in conformity with the provisions of division (A) above closer than 500 feet, nor shall he drive into, park the vehicle into, or park the vehicle within the block where the vehicle has stopped in answer to an emergency call or alarm, unless he is directed otherwise by a police officer or firefighter.
(D) No vehicle, train, or other equipment shall be driven over any unprotected hose of a fire department when the hose is laid down on any street, private driveway, or track for any use at any fire or fire alarm unless the fire department official in command consents that the hose be driven over.
(KRS 189.930) Penalty, see § 52.999
§ 52.047 SMOKE EMISSION OR OTHER NUISANCE.
Every vehicle when on a highway shall be so equipped as to make a minimum of noise, smoke, or other nuisance, to protect the rights of other traffic, and to promote the public safety. (KRS 189.020) Penalty, see § 52.999
§ 52.048 SKATEBOARDS/BICYCLES RESTRICTED.
It shall be unlawful for any person to use or ride skates, skateboards, or bicycles on any sidewalk adjoining Main Street between College Street and Church Street or
adjoining Main Cross Street between Center Street and Property Road between the hours of 6:00 a.m. and 6:00 p.m. Monday through Friday, and 8:00 a.m. through noon on Saturdays, Sundays and holidays.
§52.049 DYNAMIC BRAKING DEVICES PROHIBITED.
(A) DEFINITION: A dynamic braking device (commonly referred to as Jake Brakes, Jacobs Break, Engine Breaks or Compression Brakes) is defined as a device primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of breaking without the use of wheel brakes.
(B) USE PROHIBITED: It is unlawful for any person to operate any motor vehicle with a dynamic breaking device engaged within the city limits, where posted, except for emergency situations for the purpose of avoiding a collision with another object or vehicle.
PARADES
§ 52.060 DEFINITIONS.
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicated or requires a different meaning.
“CRUISING.” The repeated operation of two or more vehicles in a continuous or nearly continuous flow through a parking lot.
“PARADE.” Any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display in or on any street, sidewalk, park, or other public place in the city, or “CRUISING” as defined herein.
“PARADE PERMIT.” A permit required by this subchapter.
“PARKING LOT.” Any paved or unpaved area used by a place of business or shopping center for the parking of vehicles of their customers, but shall not include those operated for hire as defined in KRS 189.700.
§ 52.061 PERMIT REQUIRED.
(A) No person or persons shall engage in, participate in, aid, form, or start and parade unless a parade permit has been obtained from the City Commission of other authorized city official.
(B) This subchapter shall not apply to:
(1) Funeral processions;
(2) Students going to and from school classes or participating in educational activities, providing the conduct is under the immediate direction and supervision of the proper school authorities;
(3) A governmental agency acting within the scope of its functions.
Penalty, see § 52.999
§ 52.062 APPLICATION FOR PERMIT.
A person seeking issuance of a parade permit shall file an application with the City Commission of other authorized city official on forms provided by the Commission or such officer.
(A) Filing period. The application for a parade permit shall be filled not less than five days or not more than 60 days before the date on which it is proposed to conduct the parade.
(B) The application for a parade permit shall set forth the following information:
(1) The name, address, and telephone number of the person seeking to conduct
the parade;
(2) If the parade is proposed to be conducted for, on behalf of, or by an
Organization, the name, address, and telephone number of the headquarters of the organization and of the authorized and responsible heads of the organization;
(3) The name, address, and telephone number of the person who will be the
Parade chairman and who will be responsible for its conduct;
(4) The date when the parade is to be conducted;
(5) The route to be traveled, the starting point, and the termination point;
(6) The approximate number of persons, animals, and vehicles which will constitute the parade, the type of animals, if any, and the description of the vehicles;
(7) The hours when the parade will start and terminate;
(8) A statement as to whether the parade will occupy all or only a portion of the width of the streets, sidewalks, park, or other public place proposed to be traversed;
(9) The location by street of any assembly area for the parade;
(10) The time at which units of the parade will being to assemble at any such
assembly area or areas;
(11) The internal of space to be maintained between units of the parade;
(12) If the parade is designed to be held by, and on behalf of or for, any
person other than the applicant, the applicant for the permit shall file a
communication in writing from the person authorizing the applicant to
apply for the permit on his behalf;
(13) An acknowledgement by the applicant that all rubbish, trash, litter and
other debris accumulated along the route resulting from parade activities
shall be cleaned up and removed by the organization conducting the
parade within twenty-four (24) hours of the completion of the parade.
(14) Any additional information reasonable necessary to a fair determination
as to whether a permit should issue.
(C) There shall be paid at the time of filing an application for a parade permit a deposit in the amount of $100.00. The deposit may be withheld in whole or in part to be applied to any expenses incurred by the City resulting from any non-compliance of this subchapter. Penalty, see § 52.999
§ 52.063 STANDARDS FOR ISSUANCE OF PERMIT.
The City Commission or other authorized city official shall issue a permit when, from a consideration of the application and from other information obtained, he finds that:
(A) The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;
(B) The conduct of the parade will not require the diversion of so great a number of police officers of the city to properly police the live of movement and the areas contiguous thereto as to prevent normal police protection to the city;
(C) The conduct of the parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the proposed line of march and areas contiguous thereto;
(D) The concentration of persons, animals, and vehicles at assemble points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to the assembly areas;
(E) The conduct of the parade will not interfere with the movement of fire fighting equipment enroute to a fire;
(F) The parade is scheduled to move from its point of origin to its point of terminations expeditiously and without unreasonable delays enroute;
(G) The parade is not to be held for the sole purpose of advertising any product, goods, or event, and is not designated to be held purely for private profit;
(H) The parade, if it takes the form of cruising, has the approval in writing of the owner or an authorized agent of the owner for the use of the parking lot which is the site of the parade. Penalty, see 52.999
§ 52.064 NOTICE OF REJECTION OF PERMIT.
The City Commission or other authorized city officials shall act on the application for a parade permit within three days, Saturdays, Sundays, and holidays excepted, after filing thereof. If the City Commission or authorized city official disapproves the application, it shall mail to the applicant within three days, Saturdays, Sundays, and holidays excepted, after the date on which the application was filed, a notice of its action stating the reasons for denial of the permit.
§ 52.065 APPEAL PROCEDURE WHEN PERMIT DENIED.
Any person aggrieved shall have the right to appeal the denial of a parade permit to the City Commission. The appeal shall be taken within the 30 days after notice of denial. The City Commission shall act on the appeal within the 30 days after its receipt.
§ 52.066 ALTERNATIVE PERMIT.
The City Commission or other authorized city official, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different than that named by the applicant. An applicant desiring to accept and alternate permit shall file a written notice of his acceptance.
An alternate parade permit shall conform to the requirements of, and shall have the effect of, a parade permit under this subchapter.
§ 52.067 NOTICE TO CITY AND OTHER OFFICIALS WHEN PERMIT ISSUED.
Immediately on the issuance of a parade permit, a copy thereof shall be sent to the following persons:
(A) The City Commission;
(B) The City Attorney;
(C) The Fire Chief;
(D) The general manager or responsible head of each public utility, the regular routes of whose vehicles will be affected by the route of the proposed parade.
§ 52.068 CONTENTS OF PERMIT.
Each parade permit shall state the following information:
(A) Starting time;
(B) Minimum speed;
(C) Maximum speed;
(D) Maximum interval of space to be maintained between the units of the parade;
(E) The portions of the street, sidewalk, park or other public place to be traversed that may be occupied by the parade;
(F) The maximum length of the parade is miles or fractions thereof;
(G) Such other information as is reasonable necessary to the enforcement of this subchapter.
Penalty, see § 52.999
§ 52.069 DUTIES OF PERMITTEE.
A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. The parade chairman or other person heading or leading the activity shall carry the parade permit on his person during the conduct of the parade. Penalty, see § 52.999
§ 52.070 PUBLIC CONDUCT DURING PARADES.
(A) Interference. No person shall unreasonable hamper, obstruct, impede, or interfere with any parade or parade assembly or with any person, vehicle, or animal participating or used in a parade.
(B) Driving through parades. No driver of a vehicle except a police car or other emergency vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.
(C) Parking on parade route. The City Commission or other authorized city official shall have the authority, when reasonable necessary, to prohibit or restrict the parking of vehicles along a street or other public thoroughfare or part thereof constituting a part of the route of a parade. Signs shall be posted to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street or other public thoroughfare unless signs have been posted in accordance with this division. Penalty, see § 52.999
§ 52.071 REVOCATION OF PERMIT.
The city shall have the authority to revoke a parade permit issued hereunder on application of the standards for issuance as herein set forth.
PARKING GENERALLY
§ 52.080 OBSTRUCTIONAL OR DOUBLE PARKING; ABANDONED VEHICLES.
(A) It shall be unlawful for any person to leave any vehicle or any other thing that may be a nuisance, obstruction, or hindrance in or on any street, alley, or sidewalk within the city either during the day or night.
(B) It shall be unlawful for any person to stop or park any vehicle on the roadway side of any other vehicle stopped or parked at the edge or curb of a street.
(C) It shall be unlawful for any person to leave a motor vehicle on a city street under circumstances indicating an abandonment. Any motor vehicle left on a city street for more than seven consecutive days shall be presumed to be abandoned.
(Ord. 84-7, passed 11-6-85) Penalty, see § 52.999
§ 52.081 MANNER OF PARKING.
(A) It shall be unlawful for the operator of any vehicle to stop or park the vehicle in a manner other than with its right-hand side toward and parallel with the curb, except that where parking is permitted on the left side of a one-way street, the left-hand side shall be so parked, and except for commercial loading and unloading on one-way streets.
(B) No vehicle shall be parked or left standing on any street unless its two right wheels are within six inches of and parallel with the curb, except that on one-way streets where parking is permitted on the left side the two left wheels are to be within six inches of and parallel with the curb.
(C) No vehicle shall be backed to the curb on any street, except that wagons and trucks may do so when loading and unloading provided that such loading and unloading and delivery of property and material shall not consume more than 30 minutes. Such backing of trucks or wagons is prohibited at all times and on all streets in the city where any truck or wagon so backed interferes with the use of the roadway of moving vehicles or occupies road space within ten feet of the center line of the street.
(D) The city may establish diagonal parking at certain places requiring the parking of vehicles at a certain angle to the curb and within a certain portion of the roadway adjacent thereto. However, diagonal parking shall not be established where the roadway space required therefore would be within ten feet of the center line of any street. Such diagonal parking places shall be designated by suitable signs, and shall indicate by markings on the pavement the required angle and the width of the roadway space within which such vehicle shall park.
(E) It shall be unlawful for the operator of any vehicle to so park such vehicle that any part thereof shall extend beyond the lines marking the side or the rear of the space assigned for one vehicle. Penalty, see § 52.999
§ 52.082 STOPPING ON ROADWAY PROHIBITED; EXCEPTIONS.
(A) No person shall stop a motor vehicle, leave it standing, or cause it to stop or to be left standing on the roadway of any city street. However, the prohibition expressed in this division shall not apply to a motor vehicle:
(1) Disabled on the main-traveled portion of a city street in such a manner
and to such extent that it is impossible to avoid the occupation of the
main-traveled portion or impracticable to remove it from the city street
until repairs have been made or sufficient help obtained for its
removal;
(2) When required to stop in obedience to the provisions of state law, any
county or city traffic ordinance or sign, or the command of any peace
officer;
(3) When required to stop by reason of an obstruction to its progress;
(4) Parked adjacent to a residence off the roadway of a city street
where such parking is otherwise permitted, provided the motor vehicle
so parked does not impede the flow of two-lane traffic or access to
private driveways.
(5) In the event of inclement weather, and under conditions creating a
substantial necessity to do so, parking along a city roadway, provided
that the motor vehicle so parked allows for the passage of all police,
fire and other emergency vehicles. Any vehicle so parked shall be
removed immediately when the necessity for so parking ceases to
exist.
(B) Whenever any police officer finds a motor vehicle standing on a city street in violation of division (A), he may move the vehicle, or require the operator or other person in charge of the vehicle to move it, to a position off the paved or main-traveled part of the street. (Ord. 84-7, passed 11-6-85) Penalty see § 52.999
§ 52.083 LIMITATIONS OF STOPPING AND PARKING.
(A) It shall be unlawful for the operator of any vehicle to stop or park such vehicle except in a case of real emergency or in compliance with the provisions of this traffic code or when directed by a police officer or traffic sign or signal at any time in the following places:
(1) On a sidewalk. (Ord. 84-7, passed 11-6-85)
(2) In front of sidewalk ramps provided for handicapped persons.
(3) In front of a public or private driveway.
(4) Within an intersection or crosswalk. (Ord. 84-7, passed 11-6-85)
(5) At any place where official signs prohibit stopping or parking.
(Ord. 84-7, passed 11-6-85)
(6) Within 30 feet of any flashing beacon, traffic sign, or traffic-control
device.
(7) No person shall move a vehicle not lawfully under his control into any
such prohibited area. (KRS 189.450 (4) - (6))
(B) The prohibitions expressed in division (A) of this section shall not apply to any peace officer when operating a properly identified vehicle during the performance of his official duties. (Ord. 84-7, passed 11-6-85) Penalty, see § 52.999
§ 52.084 RESTRICTIONS AND PROHIBITIONS ON DESIGNATED STREETS.
(A) The provisions of this section prohibiting the stopping and parking of a vehicle shall apply at all times or at those times herein specified 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 devices.
(B) The provisions of this section imposing a time limit on parking shall not relieve any person from his duty to observe other and more restrictive provisions prohibiting or limiting the stopping or parking of vehicles in specific places or at specified times.
(C) When signs are erected in compliance with the provisions of division (F) below giving notice thereof, no person shall park a vehicle at any time on any street so marked by official signs.
(D) When a curb has been painted in compliance with the provisions of division (F) below, no person shall park a vehicle at any time at or adjacent to any curb so marked.
(E) When signs are erected in compliance with the provisions of division (F) below, in each block giving notice thereof, no person shall park a vehicle between the hours specified by official signs on any day except Sundays on any street so marked.
(F) (1) The city shall determine on what streets or portions thereof stopping or parking shall be restricted or prohibited. Whenever under authority of or by this traffic code or any other ordinance any parking limit is imposed or parking is prohibited on designated streets, or parking areas are restricted to handicapped parking, appropriate signs shall be erected giving notice thereof. However, in lieu of erecting such signs or in conjunction therewith, the face and top of a curb or curbs at or adjacent to which parking is prohibited at all times may be painted a solid yellow color.
(2) No such regulations or restrictions shall be effective unless the signs have been erected and are in place or the curbs are painted yellow at the time of any alleged offense, except in the case of those parking restrictions which by their very nature would not require such signs and markings.
(G) When signs are erected in compliance with division (F) above in each block giving notice thereof, no person shall park a vehicle for a time longer than specified on official signs any day except Sunday and on any street so marked.
Penalty, see § 52.999
§ 52.085 PARKING RESTRICTED TO ALLOW STREET CLEANING.
The city is authorized to designate street cleaning areas and shall provide suitable signs and markings on the street to be cleaned, restricting parking on that particular day. It shall be unlawful for the operator of any vehicle to stop on any street so designated. Penalty, see § 52.999
§ 52.086 ALL-NIGHT PARKING.
It shall be unlawful for anyone to park in any one place any vehicle on any of the public ways or streets of the city for a period of 24 hours or longer. Any vehicle left parked in any one place on any of the public ways or streets of the city for a period of 24 hours or longer shall be deemed abandoned, and shall be subject to all existing regulations of the city pertaining to abandoned motor vehicles. Penalty, see § 52.999
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Cross-reference:
Removal of abandoned vehicles, see § 52.111 et seq.
§ 52.087 PARKING ON PARADE ROUTE.
(A) The City Commission or other authorized city official shall have the authority, whenever in its judgment it is necessary, to prohibit or restrict the parking of vehicles along a street or part thereof constituting a part of the route of a parade or procession, to erect temporary traffic signs to that effect, and to prohibit and prevent such parking.
(B) It shall be unlawful to park or leave unattended any vehicle in violation of such signs or directions. Penalty, see § 52.999
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Cross-reference:
Parades, see § 52.060 through 52.071
§ 52.088 PARKING ON OFF-STREET FACILITY.
It shall be unlawful for the driver of a motor vehicle to park or abandon the vehicle or drive on or otherwise trespass on another's property, or on an area developed as an off-street parking facility, without the consent of the owner, lessee, or person in charge of any such property or facility. If at any time a vehicle is parked, abandoned, or otherwise trespasses in violation of the provisions of this section, a warrant may be obtained in District Court by the owner, lessee, or person in charge of the property or facility, and the Police Department, on written complaint of the owner, lessee, or person in charge, shall remove or cause to be removed the vehicle in accordance with the provisions of § 52.110 through 52.112. Penalty, see § 52.999
§ 52.089 OWNER RESPONSIBILITY.
If any vehicle is found illegally parked in violation of any provisions of this subchapter regulating stopping, standing, or parking of vehicles, and the identity of the driver cannot be determined, the owner or person in whose name the vehicle is registered shall be held prima facie responsible for the violation.
Penalty, see § 52.999
§ 52.090 PARKING IN PARKS.
It shall be unlawful for any person to park any motor vehicle in or on any section of any public park, playground, play lot, or tot lot within the city not designed as a parking area or designed and regularly maintained as a roadway. However, nothing contained in this section shall be construed as prohibiting the parking of a motor vehicle parallel to a designated and regularly maintained roadway in any such park or playground where at least two wheels of the motor vehicle are resting on such roadway. Penalty, see § 52.999
§ 52.091 DISPLAY OF PARKED VEHICLE FOR SALE.
It shall be unlawful to park a motor vehicle displayed for sale or a motor vehicle on which demonstrations are being made on any street. Penalty, see § 52.999
§ 52.092 PARKING WITH HANDICAPPED PERMITS.
(A) Any other provision to the contrary notwithstanding, a motor vehicle bearing a decal in its front windshield issued by the County Clerk pursuant to appropriate
county ordinances for handicapped persons, when operated by a handicapped person or when transporting a handicapped person, may be parked in a designated handicapped parking place, or when parked for in a metered parking space may be parked for two hours for no fee, or when parked where any parking limit is imposed may be parked for two hours in excess of the parking limit. The motor vehicle may be parked in a loading zone for that period of time necessary to permit entrance or exit of the handicapped person to or from the parked vehicle, but in no circumstances longer than 30 minutes.
(B) This section shall not permit parking in a "no stopping" or "no parking" zone nor where parking is prohibited for the purpose of creating a fire lane or to accommodate heavy traffic during morning, afternoon, or evening hours, nor permit a motor vehicle to be parked in such a manner as to constitute a traffic hazard.
Penalty, see § 52.999
IMPOUNDING
§ 52.110 IMPOUNDMENT OF VEHICLES AUTHORIZED; REDEMPTION.
(A) All police officers are empowered to authorize the impoundment of a vehicle violating vehicle-related ordinances after a citation has been issued.
(B) A vehicle slated for impoundment will be tagged and placed under control of the Police Department. Should a vehicle be moved without the consent and approval of the Police Department a warrant shall be issued immediately for the violator's arrest.
(C) All fines, fees, and charges must be paid in full before a release of impoundment can be issued for the vehicle's release.
§ 52.111 REQUIRED NOTICE TO OWNER.
(A) When a motor vehicle has been involuntarily towed or transported pursuant to order of police, other public authority, or private person or business for any reason or when the vehicle has been stolen or misappropriated and its removal from the public ways has been ordered by police, other public authority, or by private person or business, or in any other situation where a motor vehicle has been involuntarily towed or transported by order of police, other authority, or private person or business shall attempt to ascertain from the State Transportation Cabinet the identity of the registered owner of the motor vehicle or lessor of a motor carrier as defined in KRS
Chapter 281 and within ten business days of the removal shall, by certified mail, attempt to notify the registered owner at the address of record of the make, model, license number, and vehicle identification number of the vehicle, of the location of the vehicle, and of the requirements for securing the release of the motor vehicle.
(B) In the event that a vehicle described in division (A) is placed in a garage or other storage facility, the owner of the facility shall attempt to provide the notice provided in division (A) by certified mail to the registered owner at the address of record of the motor vehicle or lessor of a motor carrier as defined in KRS Chapter 281 within ten business days of recovery of, or taking possession of the motor vehicle. This notice shall contain the information as to the make, model, license number, and vehicle identification number of the vehicle, the location of the vehicle, and the amount of reasonable charges due on the vehicle. When the owner of the facility fails to provide notice as provided herein, the motor vehicle storage facility shall forfeit all storage fees accrued after ten business days from the date of tow. This division (B) shall not apply to a tow lot or storage facility owned or operated by the city. (KRS 376.275 (1), (2))
§ 52.112 SALE OF VEHICLE.
Any person engaged in the business of storing or towing motor vehicles in either a private capacity or for the city who has substantially complied with the requirements
of § 52.111 shall have a lien on the motor vehicle for the reasonable or agreed charges for storing or towing the vehicle as long as it remains in his possession. If after a period of 60 days, the reasonable or agreed charges for storing or towing a motor vehicle have not been paid, the motor vehicle may be sold to pay the charges after the owner has been notified by certified mail ten days prior to the time and place of the sale. Should the proceeds of the sale of any vehicle pursuant to this section be insufficient to satisfy accrued charges for towing, transporting, and/or storage, the sale and collection of proceeds shall not constitute a waiver or release of responsibility for payment of unpaid towing, transporting, and/or storage charges by the owner or responsible casualty insurer of the vehicle. This lien shall be subject to prior recorded liens. (KRS 376.275 (3))
§ 52.999 PENALTY
(A) Whoever violates any provision of this chapter for which no other penalty is specifically provided shall be fined not less than $20 nor more than $500.
(B) Any person who violates § 52.046 shall be fined not less than $60 nor more than $500, or be imprisoned in the county jail for not more than 30 days, or both.
(KRS 189.993(8))
(C) Any person receiving a citation for any parking violation in the city shall be fined in amount not less than $20 nor more than $100.
(KRS 189.990 (1))
