On a unanimous vote, the Hawesville City Council tabled Ordinance 08-004, a
regulation prohibiting the placement of signs or the parking of vehicles
along city streets. The move came at the city's regularly scheduled city
council Tuesday evening at City Hall.

The state contacted the city about one month ago requesting it pass the
rule. The proposed ordinance outlawed any type of sign, poster,
advertisement or written notice on the shoulder or right-of-way of any
street in the city. It also deemed it "illegal and unlawful to park or leave
motorized vehicles on the shoulder of the right-of-way of a city street or
roadway except for an emergency." This provision caused the controversy
forcing the city to table the measure.

"I don't see how we can tell people they can't park along the roadway when a
lot of people don't have a driveway here in the city," council member Sage
Tongate said.

Hawesville Mayor Charles King asked Tongate what she meant. She said if a
person's home lacked a driveway and the ordinance prevented them from
parking on the roadway, what options existed for them?

At this point, a difference of opinion surfaced over exactly what the
ordinance meant. King understood the ordinance to allow parking on the
shoulder of a road, but not in the grassy area beside the shoulder in the
right-of-way.

Tongate said to her understanding, the right-of-way stretches from the
center of the road to the sides. The distance varies depending upon the
easements the city possesses. King agreed with that description of a
right-of-way.

She said the ordinance specifically forbade the parking of any vehicle on
the shoulder of the right-of-way. Tongate understood the ordinance to outlaw
all parking along city streets except for emergency situations.

At that point, council member Wayne Herndon turned to City Attorney Charles
Mattingly III and asked his opinion on the ordinance's language. Mattingly
agreed that the wording caused confusion. He suggested the city just omit
the part about parking and address that issue with a different ordinance
later.

"As general as this is written, someone could come down (to City Hall)
complaining all the time that somebody is parked on the right of way and he
(Police Chief Roger Jarboe) is going to be spending all his time going to
see about it," Herndon said.

King said he understood Herndon's point, and asked Mattingly what the city
needed to do about the situation. Mattingly advised either the city table
the ordinance and address the wording issues, or just strike out the part
about parking.

After hearing these options, Herndon made a motion to table the ordinance
and adjust the wording. Council member Russell Wheet provided the second.