§ 50-5. Parking of vehicles in street rights-of-way prohibited during certain hours.

(a)

The parking of any motor vehicle or any trailer on any portion of a public street, or within the right-of-way of any public street, is prohibited between the hours of 12:00 a.m. to 6:00 a.m.

(b)

Exempted from the prohibition of this section are:

(1)

Utility trucks and equipment while being used in connection with a utility work project;

(2)

Town vehicles or vehicles under contract with the town or any other governmental agency performing public works;

(3)

Emergency vehicles.

(c)

Any motor vehicle or trailer parked in violation of this section shall be subject to the penalties set forth in section 50-7, unless a waiver has been received as provided for in subsection (d) of this section. Any motor vehicle or trailer parked in violation of this section is also subject to being towed at the expense of the owner of such vehicle or trailer pursuant to this section, or:

(1)

Immediately if any part of the vehicle or trailer is parked within the traveled portion of a public street; or

(2)

For any such vehicle or trailer parked in a public street right-of-way, but not on the traveled portion of such street, after the public safety department has posted a notice of violation of this chapter in a conspicuous place on the vehicle or trailer for a period of 18 hours and the owner or operator thereof has failed to remove the vehicle or trailer before 12:00 a.m. of the following day.

(d)

In the event complying with this section will create an undue hardship, an application for a waiver not exceeding two consecutive days may be made to the public safety department. Upon the public safety department making a finding of undue hardship, the department can approve a waiver of this provision.

(Code 2001, § 7-4.1; Ord. No. 2010-2, §§ XIX, XX, 2-9-2010)