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00 <br />ti <br />N <br />PUBLIC PROTECTION <br />is hereby authorized to require the driver or <br />other person in charge of such vehicle to remove <br />the vehicle to a position in compliance with this <br />chapter. When any police officer finds a vehicle <br />unattended upon any street or city -owned park- <br />ing lot in violation of any parking regulation, <br />such officer is hereby authorized to impound <br />such unlawfully parked vehicle and to provide <br />for its removal and to remove the vehicle to a <br />convenient garage or other facility or place of <br />safety; and if any charge shall be placed against <br />such vehicle for cost of removal or storage, or <br />both, by anyone called upon to assist with the <br />removal, it shall be paid prior to removal from <br />such place of storage or safekeeping. <br />(Code 1984, § 8.41; Code 2003, § 66-44) <br />State law references —Vehicle towing authorized, Minn. <br />Stats. § 169.041; moving parked vehicles, Minn. Stats. <br />§ 169.33. <br />ARTICLE III. STOPPING, STANDING AND <br />PARKING* <br />Sec. 5.32.210. Presumption. <br />As to any vehicle parking in violation of this <br />chapter, when the driver is not present, it shall <br />be presumed that the owner parked the vehicle <br />or that the driver was acting as the agent of the <br />owner. <br />(Code 1984, § 8.01; Code 2003, § 66-76) <br />Sec. 5.32.220. Private use of public streets <br />and parking lots. <br />(a) It is a misdemeanor for any person other <br />than the city to in any way attempt to regulate <br />public parking on public streets. <br />(b) Upon an application duly made to the city, <br />the council may, in its discretion, grant special <br />permission whereby on -street parking or the use <br />of city -owned parking lots or ramps or public <br />sidewalks may be temporarily or permanently <br />prohibited or restricted for private reasons and <br />purposes (including, but not limited to, establish- <br />ment of private or leased parking, loading zones, <br />or benches) at such places, on such terms and for <br />*State law references —Stopping, standing and park- <br />ing, Minn. Stats. § 169.32 et seq.; authority to regulate <br />standing or parking of vehicles, Minn. Stats. § 169.04(1). <br />§ 5.32.230 <br />such consideration as the council may deem just <br />and equitable. In establishing the amount of <br />such consideration to be paid to the city, the <br />council shall consider the amount of space, loca- <br />tion, if any, public inconvenience, and hazards to <br />persons or property. Upon complaint of any <br />aggrieved person at any time and by reason of <br />any specific special permission so granted, the <br />council shall at its next regular meeting after <br />receipt of such complaint, call a hearing to be <br />held after ten days' notice in writing to applicant <br />and complainant and published notice at least <br />ten days prior to such hearing. After such hear- <br />ing, the council shall by resolution decide whether <br />to terminate, continue or redefine the terms of <br />such permission; and such decision shall be final <br />and binding on all persons directly or indirectly <br />interested in the decision, except that the council <br />may, on its own motion, reconsider the decision. <br />(c) It is unlawful for any person to park or <br />otherwise infringe upon a grant of right under <br />this section when clearly and distinctly marked <br />or signposted. It is unlawful for any person not <br />granted such right to assert the right, or for any <br />grantee of such right to exceed the right under <br />claim to the right. <br />(d) Before granting any permit under any of <br />the provisions of this section, the council may <br />impose such insurance or bonding conditions as <br />it, considering the projected danger to public or <br />private property or to persons, deems proper for <br />safeguarding such persons and property. Such <br />insurance or bond shall also protect the city from <br />any suit, action or cause of action arising by <br />reason of such action. <br />(Code 1984, § 6.13; Code 2003, § 66-77) <br />Sec. 5.32.230. General parking prohibi- <br />tions. <br />It is unlawful for any person to stop, stand or <br />park a vehicle except when necessary to avoid <br />conflict with other traffic or in compliance with <br />the specific directions of a police officer or traffic <br />control device in any of the following places: <br />(1) On a sidewalk or trail; <br />(2) In front of a public or private driveway; <br />(3) Within an intersection; <br />CD5:59 <br />