When signs are erected giving notice thereof, no person shall operate any vehicle with a gross weight in excess of the amounts set out hereafter at any time upon any street described below:
(A) Commercial vehicles exceeding 5,000 pounds gross weight shall be restricted at all times to those streets, or parts of streets, designated from time to time as limited to such load, except that such vehicles may be operated thereon for the purpose of delivering or picking up materials or merchandise; truck and road tractors permitted to be parked at the operator’s residence may be operated thereon for the purpose of traveling to or from the operator’s residence and then only by entering such streets at the intersection nearest the destination of the vehicle and proceeding thereon no farther than the nearest intersection thereafter. This restriction does not apply to local public passenger bus operations.
(B) Except on state highways or state-controlled highways, no commercial vehicle with a gross weight in excess of 10,000 pounds shall be operated in any residence district in the town between the hours of 5:30 p.m. and 7:00 a.m.; provided, in the event that this restriction shall result in the undue hardship or unfair competition, the Town Manager, or in the absence of such Town Manager, the Chief of Police, shall have the power to authorize the issuance of special permits from time to time, as deemed necessary for the protection of the rights of any individual, and further provided that this restriction shall not apply to truck tractors and road tractors permitted to be parked at the operator’s residence while such truck tractor or road tractor is being driven directly to or from the operator’s residence.
(C) It is hereby declared to be unlawful and illegal to park, to leave standing, or to leave unattended a trailer, as said term is hereinafter defined, except:
(1) For the purpose of loading or unloading; and
(2) On privately-owned industrially-zoned real estate where the owner of said real estate has previously granted permission for such parking in writing, and such written permission is on file with the Town Police Department.
(3) For the purposes of fund-raising activities carried on by not-for-profit organizations within the town. The not-for-profit organization shall petition the Town Council for approval consideration and to park trucks, trailers and tractors of an amusement company or companies, carnival or circus, ln connection with the fund-raising activities of the not-for-profit organization. No approval shall be granted for a period of time exceeding seven days per calendar year. The petition or request £or consideration and approval of the Town Council shall be on a form and in the manner prescribed by the town.
(D) It is hereby declared to be unlawful, illegal, and an infraction to park, to leave standing, or to leave unattended a tractor or truck, as said term is hereinafter defined, except:
(1) For the purpose of loading or unloading;
(2) On commercially-zoned real estate owned by the operator of the truck or tractor or owned by a member of his immediate family where no part of the truck or tractor extends beyond the front of the commercial building;
(3) On privately-owned industrially-zoned real estate where the owner of said real estate has previously granted permission for such parking in writing, and such written permission is on file with the Town Police Department;
(4) In case of an emergency; or
(5) On residentially-zoned real estate owned or leased by the operator of the truck or tractor or a member of his immediate family where all of the following conditions are met:
(a) The residence on said property is the personal residence of the operator of the truck or tractor; and
(b) The operator of the truck or tractor was a resident prior to November 30, 1988;
(c) The operator of the truck or tractor had previously parked his truck or tractor at that residence;
(d) The operator of the truck or tractor applies for and is granted a permit to park said truck or tractor at said residence by the Town Manager within 30 days of November 30, 1988.
(e) No part of the truck or tractor extends beyond the front of said residence; and
(f) The parking shall be in conformance with all other provisions of the Town Code, including the zoning code.
(E) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “POLE TRAILER.” Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle and ordinarily used for transporting long or irregularly-shaped loads, such as poles, pipes, or structural members, capable generally of sustaining themselves as beams between the supporting connections.
(2) “ROAD TRACTOR.” Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon, either independently or any part of the weight of a vehicle so drawn.
(3) “SEMI-TRAILER.” Every vehicle with or without motive power, designed to be used in conjunction with a fifth wheel, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
(4) “TRUCK TRACTOR.” Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
(F) No motor vehicle of any kind shall be parked in parkways or grassy areas adjacent to or abutting on public ways in residential areas.
(G) Commencing on January 1, 1989, no vehicle shall be parked in parkways or grassy areas adjacent to or abutting on public ways in commercial or industrial areas.
(H) No truck or tractor shall be allowed to continue to operate the motor of the unit for longer than ten minutes after parking the truck or tractor at their residence nor longer than 30 minutes prior to leaving their residence with said truck or tractor.
(I) The permits granted pursuant to division (D)(5) above may not be transferred. The permit shall expire when the operator/resident ceases to own or lease the residence.
(J) This section shall not be construed as creating any exception to the zoning code of the town, nor to create any right in any person under said code.
(K) Each day any vehicle or part of a vehicle is in violation shall be deemed a new and separate violation.
(L) Any trailer or tractor found in violation of this section shall be towed and impounded at the owner’s expense.
(Ord. 306, passed 4-8-81; Am. Ord. 467, passed 11-30-88; Am. Ord. 481, passed 4-26-89; Am. Ord. 509, passed 5-9-90)
Statutory reference:
Authority to regulate weight, see IC 9-20-1-3