§ 58-125. Prohibited vehicle parking.

(a)

Except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer, no person shall:

(1)

Park a vehicle, except temporarily for the purpose of and while actually engaged in loading or unloading of property or passengers, in an acceleration or deceleration lane;

(2)

Park a vehicle overnight in a cul-de-sac located in a residential district;

(3)

Park a vehicle on an unpaved surface in the front yard of a residence or the side yard, if the side yard faces the street. For the purposes of this section, the term "paved driveway" means a driveway surfaced with either asphalt, concrete, gravel, brick or other approved material. Natural materials, such as, but not limited to, wood chips, stones, crushed seashells and mulch, may also be used as paving, provided that such material is contained on three sides by secured landscape timbers or finished masonry and is of a depth sufficient to prevent exposed soil and/or erosion. In all cases, the property owner shall be responsible for maintaining the driveways and parking areas of a residence in such a manner as to prevent any of the surfacing materials from crossing the property boundaries or entering the rights-of-way, roads and streets, streams, lakes or waterways of the city; or

(4)

Park a vehicle in the city rights-of-way or in such a manner as to encroach on the paved or unpaved streets of the city.

(b)

(1)

The mayor and council, after public notice and hearing, may, upon application by a property owner, grant variances from the restrictions of this chapter prohibiting parking on unpaved property adjacent to a paved street in the city. In considering an application for such a variance, the mayor and council shall not approve the same unless it is convinced that:

a.

Approval of the proposal is necessary to prevent undue hardship to the applicant;

b.

Approval of the proposal will not prejudice the rights or interests of adjoining and nearby property owners; and

c.

Approval of the proposal is consistent with the objectives of this chapter.

(2)

The process for submitting an application for variance is outlined in the attachment titled, "City of Mountain Park Variance Procedure and Application for Parking."

(c)

The city may, but is not required to post "no parking" signs in areas where parking is prohibited in subsection (a) of this section, and the failure to post said signs shall not excuse any person from compliance with subsection (a) of this section.

(d)

The provisions of subsection (a) of this section shall not apply to the driver of any vehicle which is temporarily parked in connection with the driver's attendance at a public meeting, public polling place during elections or other such public event, provided that no portion of the parked vehicle encroaches on the paved or unpaved streets of the city and parked vehicle is removed immediately upon the conclusion of such event.

(e)

The provisions of subsection (a) of this section shall not apply to the any vehicle which is parked in a manner consistent with a temporary parking permit issued by the city.

(Ord. No. 243-01, § 1, 8-20-2001; Ord. No. 267-03, §§ 1, 2, 12-15-2003; Ord. No. 294-07, § 1, 9-17-2007)