Fort Wright Snow Emergency Ordinance

For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"MAYOR" The chief executive officer of the city or, in his absence, his duly designated and acting representative.

"ROADWAY"  That portion of a street or highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder.  

"SNOW TIRES"  Any tires mounted on drive wheels of motor vehicles which are especially designed to give effective traction on snow-, mud-, or ice-covered streets by means of extra-heavy-duty treads with special high-traction patterns, except that no tire so defined shall be construed to be a snow tire if it is damaged or worn to the extent that its performance would be substantially impaired.  

"STREET" or "HIGHWAY"  The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.  

"TIRE CHAINS"  Any metal chains mounted on drive-wheel tires of motor vehicles, which cross the tread of each such tire laterally in at least three different places. 
('77 Code, § 15-52) (Ord. 178-1978, passed 11-10-78)

§ 72.36  CONTROLLING PROVISIONS    

Any provision of this subchapter which becomes effective by declaration of  the Mayor  or upon  the occurrence of certain weather conditions shall, while temporarily in effect, take precedence over other conflicting provisions of law normally in effect, except that it shall not take precedence over provisions of law relating to traffic accidents, emergency travel of authorized emergency vehicles, or emergency traffic directions by a police officer. 
('77 Code, § 15-53) (Ord. 178-1978, passed 11-10-78)  

§ 72.37  DECLARATIONS BY MAYOR  

(A) The Mayor shall cause each declaration made by him pursuant to this  subchapter to be  publicly announced  by means of broadcasts or telecasts  from stations with  a  normal  operating range covering the city, and he may cause such declaration to be further announced in newspapers of general circulation when feasible.  Each announcement shall describe the action taken by the Mayor, including the time it became or will become effective, and shall specify the streets or areas affected.  A parking prohibition or advancement of quitting-time traffic regulations declared by the Mayor shall not go into effect until at least three hours after it has been announced at least two times between 6:00 a.m. and 11:00 p.m. in accordance with this section.    

(B)  The Mayor shall make or cause to be made a record of each time and date when any declaration is announced to the public in accordance with this section. 
('77 Code, § 15-54) (Ord. 178-1978, passed 11-10-78)

§ 72.38  TERMINATION OF PARKING PROHIBITIONS BY MAYOR

Whenever the Mayor shall find that some or all of the conditions which give rise to a parking prohibition in effect pursuant to this subchapter no longer exist, he may declare the prohibition terminated, in whole or in part, in a manner prescribed by this subchapter, effective immediately upon announcement. 
('77 Code, § 15-55) (Ord. 178-1978, passed 11-10-78)  

§ 72.39  PARKING ON STREET OR ROADWAY    

(A)  Whenever the Mayor finds, on the basis of falling snow, sleet, or freezing rain, or on the basis of a forecast by the U.S. Weather Bureau or other weather service of snow, sleet, or freezing rain, that weather conditions will make it necessary that motor vehicle traffic be expedited and that parking on city streets or roadways be prohibited or restricted for snowplowing and other purposes, the Mayor shall put into effect a parking prohibition on parts of or all snow emergency streets or roadways as necessary by declaring it in a manner prescribed by this subchapter.    

(B)  Notwithstanding the provisions of division (A) hereof, a parking prohibition shall automatically go into effect on any part of any snow emergency street or roadway on which there has been an accumulation of snow and ice of three inches or more for one hour or more of any day.    

(C)  Once in effect, a prohibition under this section shall remain in effect until terminated by announcement of the Mayor in accordance with this subchapter, except that any street or roadway area which has become substantially clear of snow and ice from curb to curb for the length of the entire block shall be automatically excluded there from.  While the prohibition is in effect, no person shall park or allow to remain parked any vehicle on any portion of a snow emergency street or roadway to which this applies.  However, nothing in this section shall be construed to permit parking at any time or place where it is forbidden by any other provision of law. 
('77 Code, § 15-56) (Ord. 178-1978, passed 11-10-78)  Penalty, see § 72.99

§ 72.40  CONDITION OF MOTOR VEHICLES OPERATED ON SNOW EMERGENCY STREETS OR ROADWAYS

(A) Tire chains; snow tires.  No person operating a motor vehicle on a snow emergency street or roadway on which there is a covering of snow, sleet, or ice shall allow such vehicle to become stalled wholly or partly because the drive wheels thereof are not equipped with effective tire chains or snow tires.

(B) Fuel supply; battery.  No person operating a motor vehicle on a part of a snow emergency street or roadway on which there is a covering of snow, sleet, or ice or on which there is a parking prohibition in effect shall allow such vehicle to become stalled because the motor fuel is exhausted or the battery has become inoperative. 
('77 Code, § 15-57) (Ord. 178-1978, passed 11-10-78)  Penalty, see § 72.99    

§ 72.99  PENALTY.    

Any person receiving a citation for any parking violation in the city shall be deemed to have committed a violation and shall be subject to the penalty provisions set forth in § 70.99. 

§ 70.99  GENERAL PENALTY.    

(A)   The following are established as the penalties for non-moving violations of motor vehicles (prepayment of parking citations forth in § 72.98 is permissible):   
(Ord. 406-1989, passed 9-6-89; Am. Ord. 490-1994, passed 6-1-94; Am. Ord. 13-2009, passed 8-5-09)    

(B)   Violation of any provisions of §§ 70.30 - 70.38 shall first be given a citation advising of the violation and of the opportunity to pay the penalty by U.S. mail.  If the penalty is not paid within five (5) days from the date the citation was issued, the fine established shall double and a written notice shall be forwarded to the violator advising of the additional penalty, and advising that if payment is not received within five (5) days from receipt of the notice the offender will be prosecuted in Kenton District Court where he/she will be subject to the penalty provision of § 70.99(C). 
(Ord. 490-1994, passed 6-1-94)    

(C)   Any person who violates any provisions of this traffic code where no other penalty is specifically provided shall be guilty of a violation and shall be fined not less than $20 nor more than $250. 
(KRS 189.990(1))