General Parking Ordinances
Section 17-282. Manner of Parking Generally
No vehicle shall be parked on any street unless such vehicle be parked parallel to the curb headed in the direction of traffic, with the curbside wheels of the vehicle within twelve (12) inches of the curb, except upon those streets designated or marked for angle parking where vehicles shall be parked at an angle to the curb indicated by such markers or signs, with the front wheel touching the curb.
Section 17-283. Places Where Prohibited
Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic-control device, no person shall stop, stand or park a vehicle:
- On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
- On a sidewalk.
- Within an intersection.
- On a crosswalk.
- Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings.
- Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic.
- Upon any bridge or other elevated structure upon a highway or within a highway tunnel.
- On any railroad tracks.
- At any place where official signs prohibit stopping.
Section 17-284. Places Where Restricted
Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
- In front of a public or private driveway.
- Within fifteen (15) feet of a fire hydrant.
- Within twenty (20) feet of a crosswalk at an intersection.
- Within thirty (30) feet upon the approach to any flashing signals, stop sign, yield sign or traffic-control signal located at the side of a roadway.
- Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of such entrance when properly sign posted.
- At any place where official signs prohibit standing.
Section 17-285. Parking in Excess of Twenty-Four Hours
It shall be unlawful for the driver, operator or owner of any motor vehicle, trailer or implement to park or leave standing, or permit to be parked or left standing, any motor vehicle, trailer or implement on any street, avenue or alley in the city for a continuous period of twenty-four (24) hours or longer. Any motor vehicle, trailer or implement found to be in violation of this section shall be towed away at the owners' expense. The owner shall also be charged for storage if required and any parking tickets which might have accrued to such vehicle, trailer or implement.
Section 17-286. Unauthorized Movement of Another Vehicle into Prohibited Area
No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful.
Section 17-287. Overnight Camping and Motor Home Parking Limited
No camping trailer, tent, travel trailer or motor home may be occupied in a place other than a commercial campground except in residential zones. In residential zones, off street camping trailers, tents, travel trailers and motor homes may be occupied for no more than ten consecutive days if the public health, safety or welfare is not endangered.
Section 17-288. Mid-Street Motorcycle Parking Allowed
During those periods of time and on those streets designated by motion of the common council, motorcycles may be parked between the white lines in the middle of the street on those streets signed and marked for mid street motorcycle parking subject to such restrictions as may be on the official signs designating such mid street parking areas.
Section 17-308. Designation of Prohibited Parking
Wherever in any street or avenue in the city the curb is painted with a solid yellow stripe by or under the direction of the traffic engineer, such stripe or marking shall indicate a
No Parking area or zone. It shall be unlawful for any person to park a vehicle adjacent to such marking.
Section 17-309. Designation of Limited Parking
Wherever in any street or avenue the curb is painted with a broken stripe by or under the direction of the traffic engineer, such broken stripe or marking shall indicate a limited parking area or zone, the extent of such limitation to be indicated by signs at the end of each such limited area or zone. It shall be unlawful for any person to park a vehicle adjacent to such limited parking zone for longer period than indicated upon signs.
Section 17-310. Penalty for Violation
The fine charges for illegal parking under the provisions of divisions 1 and 2 of this chapter shall be:
- Fifteen dollars ($15) for each violation of the fine is paid in full within ten days from the date of the violation.
- Thirty dollars ($30) for each violation if the fine is paid in full within thirty (30) days from the date of the violation.
- Forty-five dollars ($45) for each violation if the fine is paid in full within sixty (60) days from the date of the violation.
Section 17-311. Parking in Spaces Reserved for Handicapped
- It shall be unlawful for any vehicle not equipped with official license plates bearing a handicapped insignia to park on the public thoroughfares in spaces signed and reserved for handicapped parking.
- The penalty for illegal parking under the provisions of this section shall be determined by resolution of the common council from time to time.
Section 17-312. Failure to Pay Parking Tickets Unlawful
It shall be unlawful for any person to fail to pay parking tickets, notices or warrants for parking violations the fees and fines for which total more than forty-five dollars ($45). Violation of this section may be enforced by complaint in the magistrate division of the Fourth Judicial Circuit, Lawrence County, South Dakota, and the issuance of a summons by the magistrate judge. Violation of this provision shall be punishable by a fine not to exceed five hundred dollars ($500) in addition to any fines or fees owed for parking violations set forth in this chapter. In the alternative, violation of this section may be enforced by civil action in said court.
Section 17-313. Immobilization or Impoundment of Vehicle for Outstanding Parking Violations
- A motor vehicle parked upon the public way or public place at any time may by and under the direction of an officer or member of the Spearfish Police Department, be immobilized or impounded if there are forty-five dollars ($45) in unpaid parking violation notices, tickets or warrants issued for violations pending against the registered owner of the motor vehicle.
- The owner of the immobilized or impounded vehicle may be permitted to secure release of the vehicle upon:
- Depositing the amount of the fine or penalty for each violation for which there is an outstanding or otherwise unsettled parking violation, notice or warrant; and
- The payment of the fees as required by this section.
- The owner of an immobilized or impounded vehicle, or other authorized person, shall have the right to a post-impoundment or post-immobilization hearing to determine the validity of the impoundment or immobilization towing and any towing or storage charges. The hearing must be requested within fifteen (15) days after the vehicle is immobilized or impounded and shall be scheduled by the Clerk of Courts for the Magistrate Court, Fourth Judicial Circuit, Lawrence County, South Dakota.
- The post-immobilization or post-impoundment hearing will not be determinative of or adjudicate any citation issued relative to any immobilized or impounded vehicle.
- The immobilizing device or mechanism shall remain in place for forty-eight (48) hours unless the owner has complied with this section by paying fines and penalties and fees set forth herein. If the compliance has not occurred within forty-eight (48) hours, the vehicle shall be towed or impounded. Towing and storage fees shall be paid along with fees specified herein before the owner of the vehicle or authorized person shall be permitted to repossess or secure the release of the vehicle. The owner or other authorized person of an immobilized vehicle shall pay a fee of forty-five dollars ($45) for the immobilization. The owner of an impounded vehicle shall be subject to a towing fee and storage fee charged by the towing service.
- If an immobilizing device or mechanism is not used, a vehicle may still be towed and impounded as specified herein and released upon payment of the fees set forth in this section.
Section 17-407. Truck Parking Restrictions
No truck, tractor, trailer, or other motorized cargo vehicle exceeding eighteen (18) feet in length shall be parked in a residential zone of the city, except where such parking is required for the loading or unloading of cargo or freight and delivery of the same, and such parking shall be limited to the period of time reasonably required to accomplish the purpose thereof. A violation of this section shall be punishable by a fine not to exceed fifty dollars ($50) and shall be imposable against the owner, operator or driver of such truck, tractor, and/or trailer.
Section 17-408. Standing or Parking of Trucks and Commercial Vehicles with the Engine Running Restricted
No truck or other commercial vehicle shall be parked or left standing with the motor running for a period exceeding twenty (20) minutes at any place within the city limits unless the running of the motor is necessary to carry out the purpose for which the vehicle is parked or standing. A violation of this section is punishable by a fine not to exceed fifty dollars ($50) and may be imposed against the owner, operator and/or driver of the vehicle.