§ 86-229. Parking of certain vehicles prohibited in residential areas; definitions; exceptions; penalty.

(a)

Applicability. The regulations in this section shall apply to all residential districts.

(b)

Definitions. For the purpose of this section, the following terms shall have the indicated meanings:

Bus, truck, semitrailer, trailer and truck-tractor shall be defined as set forth in the appropriate duly enacted statutes of the state providing for the regulation, registration, licensing and recordation of ownership of motor vehicles in the state. In the case of doubt as to the proper classification of a specific vehicle under the foregoing terms, the determination by the motor vehicle commission of the state shall be controlling. The body description and classification on the motor vehicle certificate of title shall be prima facie evidence of such determination.

Owner, when used in this section in relation to a motor vehicle, means the individual or firm to which the vehicle is registered on the motor vehicle certificate of title and shall include if under lease, rental agreement, or on loan under any type of arrangement, gratuitous or otherwise, the individual or firm having possession or control of the vehicle. When used in this section in relation to private property in a residential district, the term "owner" shall mean the recorded owner of the property based upon the records of this county, and shall include, if under lease, rental, agreement for deed or similar land contract, the person or persons actually in possession and control of the premises.

Residential districts means all residential districts as established and designated on the official zoning map of the city.

(c)

Permissive parking. A panel, pickup, van or similar type of truck of not over 9,000 pounds GVWR (gross vehicle weight rating) may be parked in a residential district.

(d)

Motor vehicles prohibited or restricted in residential districts.

(1)

It shall be unlawful for any owner, agent, operator or person in charge of any bus, semitrailer, truck, truck-tractor or any other truck of over 9,000 pounds GVWR (gross vehicle weight rating) to park, stop, store or keep such motor vehicle on any public street, avenue, alley or other thoroughfare or any right-of-way therewith within any residential district in the city for a period exceeding one hour in any 24-hour period, each such period commencing at the time of first stopping or parking unless a permit is first obtained from the police department of the city.

(2)

It shall be unlawful for any owner of property in any residential district in the city to park on, cause to be parked on, or allow to be parked on his residential property or in the street, alley or parkways abutting his property any bus, truck and/or truck-tractor for a period exceeding one hour in any 24-hour period, each such period commencing from the time of first stopping or parking unless a permit is first obtained from the police department of the city.

(e)

Delivery and construction vehicles; emergency repairs.

(1)

The restrictions of subsection (d) of this section shall not apply to the temporary parking of any bus, semitrailer, truck and/or truck-tractor on residential property or in the street, alley or parkways abutting such property in residential districts wherein construction is under way for which a current and valid building permit has been issued by the city.

(2)

The restrictions of subsection (d) of this section shall not apply to a situation where such vehicle becomes disabled and as a result of such emergency is required to be parked within a residential district for longer than one hour. However, any such vehicle shall be removed from the residential district within 24 hours, by wrecker towing if necessary, regardless of the nature of the emergency.

(3)

The restrictions of subsection (d) of one hour in residential districts shall not apply to routine deliveries by tradesmen or the use of trucks in making service calls, providing that such time in excess of one hour is actually in the course of business deliveries or servicing, as the case may be.

(f)

Penalty. The penalty for violation of this section shall be as provided for in section 1-13.

(Code 1979, § 19-205)

Cross reference

Definitions generally, § 1-2.