In case you missed it, the calendar turned from October to November a couple weeks back. The change of season brings in a new reason for folks to kvetch about something they must address annually.
Nov. 1 in New Prague, and other cities using calendar parking, is the start of the winter parking season. The city’s ordinance prohibits parking on the street overnight after Nov. 1. What is amazing is this ordinance is not new. It has been in effect for several years, but yet people choose to grumble about it as if the city council just enacted it without public notice late this summer.
Here it is, right from the city’s website.
Winter parking restriction. “From 2 a.m. until 5 a.m. of each day beginning Nov. 1 of each year and until April 1 of the following year, no motor vehicle, trailer, boat, snowmobile, recreational vehicle, all-terrain vehicle, or any other vehicle, implement or equipment shall be placed, parked, or permitted to stand on a public street or publicly-owned parking lot. This prohibition is not applicable to on-duty city employee parking or to a city vehicle. Parking is allowed outside of these hours on a public street or publicly-owned parking lot provided it is not a violation of division
(B) below.” (B) “Snow removal restriction. At any time during the year no motor vehicle, trailer, boat, snowmobile, recreational vehicle, all-terrain vehicle, or any other vehicle, implement or equipment shall be placed, parked, or permitted to stand on a public street or publicly-owned parking lot, during a snow event, until the snow has been plowed to the full width of the street (curb to curb). This prohibition is not applicable to on-duty city employee parking or to a city vehicle. For the purpose of this section the definition of snow event shall have the following meaning: When two or more inches of snow has accumulated from a continuous or intermittent snowfall.”
This is pretty clear. It states in no uncertain terms when a person can and may not park on a city street after 2 a.m. after Nov. 1. Most folks seem to have no problem with the rules. As of Nov. 1, you can’t park overnight. You don’t have to worry about if it might snow or how much snow fell, whether it’s measurable or not. It’s nice and simple.
But here’s where it gets a little messy. The ordinance also states:
(C) “On a case-by-case basis and after receiving a prior request from an individual, the police department may exempt an individual from the restrictions provided in division (A) of this section when requested for a special event, holiday, or a unique circumstance of limited duration. Exemptions under this division will not be granted when it is already snowing or when the National Weather Service has forecasted a snow accumulation of two or more inches for the city. (D) On a case-by-case basis and upon an individual showing of undue hardship, the chief of police, or his or her designee, may modify the restrictions provided in division (A) of this section to allow an individual to park on a public street or public alley after the public street or public alley has been plowed to its full curb-to-curb width.”
A ‘case-by-case basis. ‘Undue hardship.’ In other words, if certain circumstances present themselves, the city allows itself the flexibility to enforce the rules in some circumstances, but not others. OK, that makes sense. We all know life is not black and white. There are always shades of gray. The problem is we seldom learn when the rules will be enforced to the letter and when some flexibility will be exercised.
A person posted on a Facebook page, the one dedicated to complaining about things in New Prague without the obligation of offering a workable solution, questioned the value of ordinances not enforced. Apparently, police don’t agree with his concern. In fact, police often issue verbal warnings, presumably as teaching moments rather than rigidly writing ‘em up every chance they can.
Why just the first part of this past week there was a half-dozen verbal warnings issued for motorists, once for failing to yield the right of way, four times for violating the city’s winter parking ordinance and once for driving without headlights on after sunset.
Here's a suggestion: If you feel that strongly about the calendar parking ordinance, ask the city council to change it. In the meantime, be grateful you’ve been granted some leeway by your local PD.