For the purpose of this division,
the following terms shall carry the meanings as set out below:
Truck-tractor, road tractor, semitrailer, bus, truck or trailer
or any other commercial vehicle with a rated carrying capacity of
two (2) tons or more according to the manufacturers classification.
The operation and use of a commercial vehicle to deliver
merchandise, or transport tools, equipment or supplies necessary to
the operation of the lawfully zoned business and other uses of commercial
vehicle without which the operation of said business would be substantially
hindered. Remote and incidental uses of a commercial vehicle in connection
with a business, such as advertising, name exposure, and promotion,
except where such is specifically permitted by the zoning ordinance,
shall not be deemed use as an integral part of such business.
(Ordinance 2013-5 adopted 4/16/13)
It shall be unlawful for any owner
or person in control of a commercial vehicle, as defined herein, to
leave, park, or stand, or permit the leaving, parking, or standing
of such vehicle upon any public street, alley, parkway, boulevard
or other property owned or controlled by any unit of government, except
that this section shall not apply to:
(1)
Commercial vehicles while being used
for street construction, maintenance, or repair;
(2)
Commercial vehicles being utilized
by a company engaged in extending public service utilities;
(3)
Passenger buses taking on or discharging
passengers at an approved bus stop:
(4)
A commercial vehicle parked in a
loading zone for the purpose of loading or unloading freight or merchandise
to a lawfully zoned business;
(5)
A commercial vehicle parked for the
purpose of delivering or picking up merchandise to or from a specific
designated location or loading or unloading personal property to or
from a specific designated location that shall not exceed three (3)
hours in any case; and
(6)
A commercial vehicle experiencing
a mechanical defect making it unsafe or impossible to proceed, for
such period of time as emergency repairs are made or, if repairs cannot
be made within three (3) hours, until a tow truck arrives.
(Ordinance 2013-5 adopted 4/16/13)
It shall be unlawful for any owner
or person in control of a commercial vehicle, to leave, park, or stand,
or permit the leaving, parking or standing of such vehicle within
any area of the city zoned residential according to the city’s
Unified Development Code, except that this section shall not apply
to a commercial vehicle parked for the purpose of immediately delivering
or picking up merchandise to or from a specific designated location
or loading or unloading personal property to or from a specific designated
location while in the normal course of business for which the commercial
vehicle operates. Said loading and/or unloading shall not exceed three
(3) hours in any case and shall not obstruct a designated fire lane.
(Ordinance 2013-5 adopted 4/16/13)
(a)
It shall be unlawful for any owner
or person in control of a commercial vehicle set forth herein to leave,
park, or stand a commercial vehicle, or permit the leaving, parking,
or standing of a commercial vehicle upon property within an area zoned
nonresidential according to the city’s Unified Development Code,
except where one or more of the following conditions exist:
(1)
The commercial vehicle is parked
upon a parking surface that meets the standards set forth in the city’s
Unified Development Code within an area zoned industrial according
to the city’s Unified Development Code and does not obstruct
a designated fire lane;
(2)
The commercial vehicle is parked
or standing for no longer than three (3) hours for the purpose of
loading or unloading passengers, freight or merchandise, and does
not obstruct a designated fire lane;
(3)
The commercial vehicle is parked
or standing for no longer than three (3) hours at a retail business
or restaurant while the driver of the vehicle is a customer of the
retail business or restaurant, and does not obstruct a designated
fire lane;
(4)
The commercial vehicle is parked
at a lawfully zoned business establishment, wherein such commercial
vehicle is utilized as an integral part of such lawfully zoned business,
and does not obstruct a designated fire lane;
(5)
The commercial vehicle is a passenger
bus parked on a parking lot during such a period as the bus passengers
are attending an event at a facility zoned for such activities, or
are customers at a retail center, or in the case of a hotel or motel,
during such periods of time that the bus passengers are customers
of the hotel or motel, provided that under no circumstance does the
commercial vehicle obstruct a designated fire lane;
(6)
The commercial vehicle parked is
parked in a designated area at an exhibit or exhibition hall, convention
center, entertainment, or similar facility when the commercial vehicle
is involved in the delivery and removal of equipment, products, merchandise,
livestock, or other items to and from the facility, and does not obstruct
a designated fire lane;
(7)
The commercial vehicle is a truck
or trailer no greater than twenty-six (26) feet in length, bumper
to bumper, being driven by an individual who has rented the vehicle
from a commercial business for the purpose of transporting his personal
property from one location to another, and parked at a motel or hotel
while the driver of the vehicle is a customer of the hotel or motel,
and does not obstruct a designated fire lane;
(8)
The commercial vehicle is parked
at a motel or hotel while the driver of the vehicle is a customer
of the hotel or motel, does not obstruct a designated fire lane, and
possesses a placard, measuring at least 8.5 inches by 11 inches, issued
by the hotel or motel placed in the driver’s-side window of
the commercial vehicle indicating the name of the hotel, name of the
driver, license plate number of the commercial vehicle, duration of
stay at the hotel or motel, the printed name and signature of the
hotel’s or motel’s authorized representative, and a contact
telephone number for the hotel or motel.
(b)
It shall be unlawful for any owner
or person in control of a commercial vehicle set forth herein to leave,
park, or stand a trailer or semitrailer or permit the leaving, parking,
or standing of a trailer or semitrailer upon property within an area
zoned nonresidential according to the city’s Unified Development
Code, except where said trailer or semitrailer is an integral part
of a lawfully zoned business.
(c)
Upon approval by resolution, the city council may temporarily suspend the restrictions imposed by subsection (a) above in order to accommodate special events held within the city. The resolution of suspension shall become effective forty-eight (48) hours prior to the official start of the scheduled event and shall terminate forty-eight (48) hours after official conclusion of the event.
(Ordinance 2013-5 adopted 4/16/13)
Each day that a person remains in
violation of this division shall constitute a separate offense. In
the prosecution of an alleged violation of this division no proof
of a culpable mental state shall be required. A person who violates
this division shall be guilty of a class C misdemeanor and shall be
punished by a fine not to exceed $500.00 for each day or part thereof
that the violation occurs. The registered owner of the vehicle and/or
the driver is considered the responsible party.
(Ordinance 2013-5 adopted 4/16/13)
