Parking Ordinances / Restrictions
Parking restrictions are enforced throughout the city year round and are posted accordingly.All Parking ticket violations are $10.00 (except Handicap which is $100.00) and all tickets have a $10.00 Penalty if not paid within 5 days. You may either (1) bring your parking ticket to the Wahpeton Police Department during office hours of M-F (excluding Holidays) 8:00am – 5:00pm or (2) it is permissible to deposit the proper bond in the front lobby Drop Box available 24-hours a day or (3) mail the notice along with the proper bond to the Wahpeton Police Department. Your parking ticket will not be cleared unless the proper bond is received. Further action will be taken if you fail to clear the violation. You have the right to request a hearing within 14 days from the date of the violation. If it is your decision to have a hearing, contact the Wahpeton Police Department for a bond fee and to make arrangements for a court appearance.
The City of Wahpeton’sSnow Removal Ordinance states there is "No parking on any streets or avenues between 2:00am and 6:00am. These winter parking restrictions are put in effect based on the winter’s beginning snowfall and are in effect until the spring depending on the weather. When the snow removal ordinance is put in effect notices are posted on cable TV, on local radio stations, and in the local news paper, and signs are posted at all major entrances into the City of Wahpeton.
Sec. 42-534. - Unauthorized parking; driver not available; officer to leave citation.
Whenever any motor vehicle without driver is found parked or stopped in violation of any of the restrictions imposed by ordinance of this city or by state law, the officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a parking citation, on a form provided by the police department for the driver to respond to the charge against the driver within five days during the hours and at a place specified in the citation.
(Rev. Ords. 1986, § 5-1216)
Sec. 42-535. - Failure to respond to citation.
If a violator of the restrictions on stopping, standing or parking under the traffic laws or ordinances does not appear in response to a parking citation affixed to such motor vehicle within a period of five days, the police department shall send to the owner of the motor vehicle, to which the parking citation was affixed, a letter informing the owner of the violation and warning the owner that in the event such letter is disregarded for a period of five days a warrant of arrest will be issued.
(Rev. Ords. 1986, § 5-1217)
Sec. 42-536. - Tagging vehicles; presumption.
(a) In any prosecution charging a violation of any provisions of this article on governing the standing, parking, or operating of a vehicle, proof that the particular vehicle described in the complaint was parked or operated in violation of the provisions of this article, together with proof that the defendant named in the complaint was at the time of such parking or operating, the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked, placed, or operated such vehicle at the point where, and for the time during which, such violation occurred.
(b) The foregoing stated presumption shall apply only when the procedure as prescribed in sections 42-534 and 42-535 has been followed.
(Rev. Ords. 1986, § 5-1218)
Sec. 42-537. - Parking violations; lessor affidavit for nonresponsibility.
The registered owner of a motor vehicle stopped, stood, or parked in violation of this division is not responsible for the violation if the owner furnishes an affidavit indicating that the vehicle was at the time of the violation in the care, custody, or control of another person pursuant to a lease or rental agreement. The affidavit must contain the name, address, and operator's license number of the person to whom the vehicle was leased or rented at the time of the violation and must be submitted to the appropriate clerk of court within 30 days of notification to the owner of the violation. The owner is responsible for the violation and the payment of any fees or fines if the affidavit is not submitted within the 30-day period.
(Rev. Ords. 1986. § 5-918.1)
Sec. 42-538. - When warrants issued.
In the event any person fails to comply with a traffic citation given to such person or attached to a vehicle or fails to make appearance pursuant to a summons directing an appearance in the municipal judge's court, or if any person fails or refuses to deposit bail as required and within the time permitted by ordinance, the police department shall secure a warrant for the person's arrest.
(Rev. Ords. 1986, § 5-1219)
Sec. 42-539. - Chief of police authorized to set no parking times.
The chief of police is hereby authorized to designate times of no parking on streets for the specific purpose of street cleaning and snow removal. No person shall park or leave standing, either attended or unattended, any motor vehicle in violation of any designated times of no parking.
(Rev. Ords. 1986, § 5-1220)
Sec. 42-540. - Stopping, standing or parking outside business or residential districts.
(a) Upon any highway outside of a business or residence district no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park, or so leave such vehicle off such part of said highway, but in every event an unobstructed width of the highway of not less than 12 feet opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicles shall be available from a distance of 200 feet in each direction upon such highway.
(b) Sections 42-540 through 42-543 shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position.
(Rev. Ords. 1986, § 5-1201)
Sec. 42-541. - Officers authorized to remove illegally stopped vehicles.
(a) Whenever any police officer finds a vehicle standing upon a highway in violation of any of the provisions of section 42-540, such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the paved or main-traveled part of such highway.
(b) Whenever any police officer finds a vehicle unattended upon any highway, bridge, or causeway, or in any tunnel where such vehicle constitutes an obstruction to traffic, such officer is hereby authorized to provided for the removal of such vehicle to the nearest garage or other place of safety.
(c) Any police officer is hereby authorized to remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway when:
(1) A report has been made that such vehicle has been stolen or taken without the owner's consent;
(2) The person in charge of such vehicle is unable to provide for its custody or removal; or
(3) When the person driving or in control of such vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay.
(Rev. Ords. 1986, § 5-1202)
Sec. 42-542. - Stopping, standing or parking prohibited in specified places.
(a) No person shall stop, stand, or park a vehicle, except when in compliance with law or the directions of a police officer or traffic control device, in any of the following places:
(1) On a sidewalk;
(2) In front of a public or private driveway;
(3) Within an intersection;
(4) Within ten feet of a fire hydrant;
(5) On a crosswalk;
(6) Within ten feet of a crosswalk at an intersection;
(7) Within 15 feet upon the approach to any flashing beacon, stop signal, or traffic control signal located at the side of a roadway;
(8) Within 15 feet of the nearest rail of a railroad crossing;
(9) Along side or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;
(10) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(11) At any place where official signs prohibit stopping;
(12) Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
(13) Within 20 feet of the driveway entrance to any fire station and on the side of as street opposite the entrance to any fire station within 75 feet of said entrance when property signposted;
(14) Between a safety zone and the adjacent curb or within 15 feet of points on the curb immediately opposite the ends of a safety zone, unless the city indicates a different length by signs or markings.
(b) No person shall move a vehicle not lawfully under the person's control into any such prohibited areas or away from a curb such distance as is unlawful.
(Rev. Ords. 1986, § 5-1203)
Sec. 42-543. - Additional parking regulations.
(a) Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the righthand wheels of such vehicle parallel to and within 12 inches of the right-hand curb or as close as practicable to the right edge of the righthand shoulder.
(b) Except where otherwise provided by ordinance, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its righthand wheels within 12 inches of the righthand curb or as close as practicable to the right edge of the righthand shoulder, or with its lefthand wheels within 12 inches of the lefthand curb or as close as practicable to the left edge of the lefthand shoulder.
(c) The city may permit angle parking on any roadway, except that angle parking shall not be permitted on any federal-aid or state highway without first obtaining the written authorization of the state highway commissioner.
(d) The state highway department with respect to highways under its jurisdiction and the city, with respect to highways under its jurisdiction, may place official traffic control devices prohibiting or restricting the stopping, standing, or parking of vehicles on any highway where in its opinion such stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing, or parking of vehicles would unduly interfere with the free movement of traffic thereon. No person shall stop, stand, or park any vehicle in violation of the restrictions indicated by such devices. Any registered owner must be presumed to have been the operator of a vehicle that is parked in violation of any official traffic control device prohibiting or restricting the stopping, standing, or parking of vehicles on any highway under state jurisdiction. This presumption may be rebutted by a showing of clear and convincing evidence to the contrary.
(Rev. Ords. 1986, § 5-1204)
Sec. 42-544. - Parking prohibited in specific locations.
(a) When signs are erected giving notice thereof it shall be unlawful for any person to park or leave standing, either attended or unattended, any motor vehicle in the following areas:
(1) For the purpose of snow removal only, on Dakota Avenue between the hours of 1:00 a.m. and 7:00 a.m., commencing on October 1 through the next ensuing April 1;
(2) On any public way for a longer period than 48 consecutive hours; and in any public alley for a period longer than one-half hour;
(3) On any public way unless while actually being loaded or unloaded or temporarily parked by any tradesperson while actually engaged in trade on adjoining premises. This subsection applies only to truck/truck trailers; and
(4) In front of a theater entrance during its hours of operation.
(b) No person shall park a motor vehicle on any street within ten feet of a fire hydrant, within 20 feet of the entrance to a fire station, within 75 feet of such entrance when properly signposted, nor within 15 feet of the intersection or curb or property lines, except for the purpose of taking on or discharging passengers or freight, and then only for such length of time as is necessary for such purpose.
(Rev. Ords. 1986, § 5-1205)
Sec. 42-545. - Parking for purpose of greasing or vehicles repairs.
No person shall park a vehicle upon any roadway for the principal purpose of greasing or repairing such vehicle except repairing such vehicle necessitated by an emergency.
(Rev. Ords. 1986, § 5-1206)
Sec. 42-546. - Alley; stopping; parking.
No person shall park a vehicle within an alley longer than one-half hour, nor shall the person stop a commercial vehicle so as to leave available less than 12 feet of the width thereof for free movement of vehicular traffic, nor shall the person stop in such a position as to block the driveway entrance to any abutting property.
(Rev. Ords. 1986, § 5-1207)
Sec. 42-547. - Parking prohibited in public areas; exception.
(a) It is hereby declared to be unlawful for any to park or leave standing any automobile, motor vehicle, truck or other property on any property owned, operated or controlled by the city, unless such parking is permitted by signs posted or erected on said property. This subsection shall not apply to streets and alleys opened for public traffic except city parking lots.
(b) This section shall not apply to any motorized vehicle, machinery, or equipment which is in use, or engaged in the making of any repair or improvement which is in progress or being made in or on any avenue, street, alley, or public grounds of said city for the direct improvement or benefit of said city, or which said motorized vehicle, machinery, or equipment is parked in said area or section of said city, by permission of the chief of police of said city.
(Rev. Ords. 1986, §§ 14-428, 14-431)
Sec. 42-548. - Parking zone time limits.
(a) When signs are erected giving notice thereof, no person shall park or leave standing, either attended or unattended, any motor vehicle longer than such number time parking zones permit, as posted and when said areas have been made available for parking.
(b) The chief of police is hereby authorized and required to establish from time to time in such places and in such number time parking zones as the chief shall determine, or as the city council specifically designates to promote the greatest benefit and convenience to the public and the best use of the street areas.
(Rev. Ords. 1986, § 5-1209)
Sec. 42-549. - Reserved parking areas.
(a) No person shall, when signs are erected giving notice thereof, park or leave standing, either attended or unattended any motor vehicle on street areas which are reserved for the following temporary uses: loading and unloading, bus parking, guest parking, taxi parking, emergency parking, no parking, police or fire use.
(b) The city chief of police is hereby authorized and required to establish from time to time areas for loading and unloading, bus parking, guest parking, taxi parking, emergency parking, no parking, police and fire use on such public streets in such places and in such number as the chief shall determine or as the governing body may specifically designate to be of greatest benefit and convenience to the public and to promote the best use of the streets for traffic to pedestrians and designate the same by appropriate signs.
(Rev. Ords. 1986, § 5-1210)
Sec. 42-550. - Unlawful to park or stop as to obstruct driveway.
No person shall park any vehicle upon a street in such a manner or under such conditions as to leave available less than 12 feet of the width thereof for free movement of vehicular traffic, nor shall such person stop in such a position as to block driveway entrance to any abutting property.
(Rev. Ords. 1986, § 5-1211)
Sec. 42-551. - Stopping or parking over 48 hours.
It shall be unlawful for anyone to park or leave standing on any public street or highway in the city any vehicle for a period longer than 48 hours consecutively, provided this section shall not include any areas where a shorter time is provided for parking, nor shall this section be construed to permit parking for a longer time than is provided in such areas.
(Rev. Ords. 1986, § 5-1212)
Sec. 42-552. - Stopping or parking in congested or hazardous places.
(a) The city engineer or other person designated by the city council is hereby authorized to determine and designate by proper signs places in which the stopping, standing, or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.
(b) When official signs are erected at hazardous or congested places as authorized herein, no person shall stop stand, or park a vehicle in any such designated place.
(Rev. Ords. 1986, § 5-1213)
Sec. 42-553. - Angle parking.
The chief of police or other person authorized by the city council shall mark or sign streets upon which angle parking will be permitted (other than federal aid or state highways). Upon those streets which have been signed or marked for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings.
(Rev. Ords. 1986, § 5-1214)
Sec. 42-554. - Where angle parking permitted.
Angle parking shall be permitted on the streets designated by resolution.
(Rev. Ords. 1986, § 5-1215)
Sec. 42-555. - Parking privileges for mobility impaired.
(a) Any mobility impaired person who properly obtains and displays prominently upon an automobile parked by that person or under that person's direction and for that person's use, the distinguishing certificate specified in subsection (d) of this section is entitled to courtesy in the parking of the automobile; provided, however, that the provisions of this section do not prevent the city by ordinance or resolution, from prohibiting parking on any street or highway for the purpose of creating a fire lane, or to provide for the accommodation of heavy traffic during morning and afternoon rush hours or for any other purpose and the privileges extended to such impaired persons do not apply on streets or highways where and during such times as parking is prohibited.
(b) A mobility impaired person as used in this section includes any person who uses portable oxygen; requires personal assistance or the use of crutches, a wheelchair, or a walker to walk 200 feet without rest; is restricted by cardiac, pulmonary, or vascular disease from walking 200 feet without rest; has a forced expiratory volume of less than one liter for one second or an arterial oxygen tension of less than 60 millimeters of mercury on room air while at rest and is classified III or IV by standards for cardiac disease set by the American Heart Association; or has an orthopedic, neurologic, or other medical condition that makes it impossible for the person to walk 200 feet without assistance or rest.
(c) A physician who provides a false statement that a person is mobility impaired for the purpose of that person obtaining a certificate under this subsection is guilty of an infraction for which a minimum fine of $100.00 must be imposed.
(d) A certificate issued under this section must be must be hung from the rearview mirror of the motor vehicle whenever the vehicle is occupying a space reserved for the mobility impaired and is being used by a mobility impaired person or another person for the purposes of transporting the mobility impaired person. No part of the certificate may be obscured. A fee or penalty of $5.00 shall be imposed for a violation of this subsection.
(e) If a law enforcement officer finds that the certificate is being improperly used, the officer may report to the director any such violation and the director may, in the director's discretion, remove the privilege. Any person who is not mobility impaired and who exercises the privileges granted a mobility impaired person under subsection (a) of this section is guilty of an infraction for which a fine of $100.00 must be imposed.
(f) Whenever any public or private agency or authority designates parking spaces for use by motor vehicles operated by mobility impaired persons, those reserved spaces must comply with the requirements of the Americans with Disabilities Accessibility Guidelines for Buildings and Facilities as contained in the appendix to title 28, Code of Federal Regulations, part 36 (28 CFR 36) and shall be indicated by blue paint on the curb or edge of the paved portion of the street or parking lot adjacent to the space. In addition to blue paint, the spaces reserved must also be indicated by official signs approved by the director bearing the internationally accepted symbol of access for the mobility impaired. The sign must indicate that unauthorized use of the space is an infraction of which a fine of $100.00 must be imposed. For particular events, a public or a private agency may reserve additional parking spaces for use by motor vehicles operated by mobility impaired persons. In that case, the temporarily reserved spaces must be indicated by signs or other suitable means. A sign indicating that a space is reserved for the mobility impaired and blue paint on the curb or edge of the paved portion of the street or parking lot adjacent to the space, unless the space is a temporary mobility impaired parking space, is sufficient basis for the enforcement of this section. A law enforcement officer may enforce this section in any parking lot or parking facility, whether publicly or privately owned.
(g) A person may not stop, stand, or park any vehicle in any designated parking space that is reserved for the mobility impaired unless the vehicle displays a mobility impaired identification certificate issued by the director to a mobility impaired person. A mobility impaired person may not permit the use of a certificate issued under this section by a person who is not mobility impaired when that use is not in connection with the transport of the mobility impaired person. A vehicle may temporarily use a space reserved for mobility impaired persons without a mobility impaired certificate for the purpose of loading and unloading mobility impaired persons. The registered owner of a vehicle may not allow that vehicle to be used in a manner that violates this subsection. Proof of intent is not required to prove a registered owner's violation of this subsection. The registered owner, however, may be excused from a violation if the owner provides the city with the name and address of the person operating the vehicle at the time of the violation. A vehicle may temporarily use a space reserved for mobility-impaired persons without a mobility-impaired certificate for the purpose of loading and unloading mobility-impaired persons. A violation of this subsection is an infraction for which a fine of $100.00 must be imposed.
(h) Any motor vehicle licensed in another state which displays a special authorized vehicle designation issued by the licensing authority of that state for vehicles used in the transportation of mobility impaired persons must be accorded the same privilege provided in this section for similar vehicles licensed in this state if the laws of the other state provide the same privileges to state motor vehicles displaying the special identifying certificate authorized in this section.
(i) An entity that violates the requirements of subsection (f) of this section is guilty of an infraction if the entity does not comply with subsection (f) of this section within 60 days after receiving official notification of the violation.
(Rev. Ords. 1986, § 5-1222; Ord. No. 574, 10-5-1987; Ord. No. 605, 10-16-1989)