The provisions of this Title prohibiting the standing or parking
of a vehicle shall apply at all times or at those times herein specified
or as indicated on official signs except when it is necessary to stop
a vehicle to avoid conflict with other traffic or in compliance with
the directions of a Police Officer or official traffic control device.
The provisions of this Title imposing a time limit on parking
shall not relieve any person from the duty to observe other and more
restrictive provisions prohibiting or limiting the stopping, standing
or parking of vehicles in specified places or at specified times.
When signs are erected giving notice thereof, no person shall
park a vehicle at any time upon any of the streets described by ordinance.
When signs are erected in each block giving notice thereof,
no person shall park a vehicle between the hours specified by ordinance
on any day except Sunday and public holidays within the districts
or upon any of the streets described by ordinance.
When signs are erected in each block giving notice thereof,
no person shall stop, stand or park a vehicle between the hours specified
by ordinance on any day except Sundays and public holidays within
the district or upon any of the streets described by ordinance.
Whenever by this Title or any ordinance of the City any parking
time limit is imposed or parking is prohibited on designated streets,
it shall be the duty of the City Traffic Engineer to erect appropriate
signs giving notice thereof and no such regulations shall be effective
unless said signs are erected and in place at the time of any alleged
offense.
In cases where an equally direct and convenient alternate route
is provided, an ordinance may describe and signs may be erected giving
notice thereof that no persons shall operate any commercial vehicle
upon streets or parts of streets so described except those commercial
vehicles making deliveries thereon.
[R.O. 2007 § 365.080; Ord. No.
97-4, 3-13-1997]
A. Definition. For purposes of this Section, "prohibited vehicles" shall
mean all trucks whose body and load weights exceed one and one-half
(1 1/2) tons in the aggregate and buses, tractors and tractor-trailers,
irrespective of weight.
B. Unlawful Parking. It shall be unlawful for anyone to park any prohibited vehicle, as herein defined, on the street, subject, however, to the exceptions set forth in Subsection
(C) of this Section.
C. Exceptions. The following are hereby declared to be exceptions to
the foregoing restrictions:
1.
Operation On Street Of Destination. The operation of trucks
or other prohibited vehicles as herein defined upon any street where
necessary to the conduct of business at a destination point, provided
streets upon which such traffic is permitted are used until reaching
the intersection nearest their destination point.
2.
Emergency Vehicles. The operation of emergency vehicles upon
any street in the City.
3.
Public Utilities. Operation of trucks or other prohibited vehicles
owned or operated by this City, public utilities and any contractor
or material men while engaged in the repair, maintenance or construction
of streets, street improvements or street utilities or City services
within the City.
4.
Detoured Trucks. The operation of trucks or other prohibited
vehicles upon any officially established detour in any case where
such truck could lawfully be operated upon the street for which such
detour is established.
5.
Vehicles Parked By Permit. Any prohibited vehicle may be parked
in a residential district if the person wishing to so park such vehicle
receives a written permit from the City Marshal. The permit applicant
shall furnish to the Marshal the names and addresses of all property
owners and tenants within three hundred (300) feet of the proposed
parking location. The Marshal shall notify these property owners and
tenants by mail of their right to file a protest against the parking
permit. Such application fee for a parking permit is five dollars
($5.00) which shall be non-refundable. Before any such permit shall
be issued, the Traffic Engineer shall determine that the person seeking
the permit has met all of the following conditions:
a.
The parking of the prohibited vehicle will not be detrimental
to the public welfare or injurious to other property or improvements
in the neighborhood in which the proposed parking place is located;
b.
None of the property owners or tenants within three hundred
(300) feet of the proposed parking location have filed a protest to
such parking permit;
c.
The person seeking the permit will suffer hardship if not allowed
to park such vehicle at the proposed location; and
d.
The permit, if granted, will not be injurious to the integrity
of the neighborhood.
e.
The Marshal may impose such conditions and restriction upon
the permit to reduce or minimize the injurious effect of the proposed
parking upon other property in the neighborhood.
f.
Any permit issued under the provisions of this Subsection shall
be valid only for a period of ten (10) days. Permits will automatically
terminate at the end of the ten-day period unless the Marshal determines
that no substantial violation of the conditions of the permit have
occurred and recommends renewal of the permit for ten (10) days upon
payment of the payment fees.
g.
No permit granted under the provisions of this Subsection shall
be transferable.
6.
Any person denied a permit by the Marshal shall be entitled
to appeal such decision to the Board of Aldermen; provided, however,
that any person appealing such decision shall give written notice
of his/her intent to appeal within fourteen (14) days after being
notified of the Marshal's decision. Such notice shall be accompanied
by a non-refundable fee of five dollars ($5.00). The Board of Aldermen
shall notify all property owners and tenants by mail within three
hundred (300) feet of the property owned or leased by the permit applicant
upon or adjacent to which permission to park is sought that a public
hearing will be held. Such public hearing shall be held within fourteen
(14) days after notice of the appeal has been filed. The Traffic Engineer
shall transmit to the Board all the papers constituting the record
of the decision appealed. Upon the hearing, any party may appear in
person or by agent and the Board of Aldermen shall hear all evidence
presented by the appellant and property owners and tenants within
three hundred (300) feet of the applicant's property. After reviewing
the evidence presented, the Board shall take into consideration the
extent to which the following facts favorable to the appellant have
been established:
a.
The parking of the prohibited vehicle will not be detrimental
to the public welfare or injurious to the neighborhood in which permission
to park is sought;
b.
The appellant will suffer undue hardship if not allowed to park
such vehicle at the proposed location;
c.
The proposed permit will not endanger the public safety; and
d.
The proposed permit will not substantially diminish or impair
property values within the neighborhood.
A concurring vote of majority of the members of the Board of
Aldermen shall be necessary to reverse the decision of the Marshal.
D. Parking Of Other Than Prohibited Vehicles. The parking of vehicles
other than those herein declared as prohibited vehicles in residential
areas shall continue to be and remain governed by other Section of
this Chapter thereto pertaining.