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(a) Except as otherwise provided in Section 3-56-020(b) or Section 3-56-125(d) of this Code, no person shall park or stand on any portion of the public way, or on any City-owned property, or in a public parking garage as defined in Chapter 4-232, or in any parking lot open to pedestrian traffic any vehicle requiring a wheel tax license under Chapter 3-56 of this Code, unless the wheel tax license emblem is displayed in the manner required by subsection (d) of this section. Pursuant to Section 3-56-021, any person alleged to have violated this section may raise as an affirmative defense that (1) such person resided in the City for less than 30 days at the time the individual was cited for the violation, or (2) the cited vehicle was purchased less than 30 days prior to the issuance of the violation; (3) in the case of a renewal of a valid and current wheel tax license, such person obtained a current wheel tax license within the grace period provided for under Section 3-56-043(b); or (4) only until December 31, 2023, the violation has been corrected prior to adjudication of the citation pursuant to subsection (e) of this section.
(b) It shall be a violation of this section for a vehicle of under or equal to 16,000 lbs. gross vehicle weight to fail to comply with subsection (a) of this section.
(c) It shall be a violation of this section for a vehicle of over 16,000 lbs. gross vehicle weight to fail to comply with subsection (a) of this section.
(d) If display is required by this section, the wheel tax license emblem shall be (1) affixed in accordance with the instructions printed thereon or accompanying the emblem, which are made a part hereof, and (2) affixed without the use of supplemental adhesives, and (3) positioned to be clearly visible, (4) and maintained in a clearly legible condition on the front windshield in the lower right-hand corner farthest removed from the driver's position; provided, however, that if the wheel tax license emblem takes the form of a license tag, such license tag shall be affixed to the vehicle's rear license plate in a manner that does not obstruct the visibility of the license plate or any information set forth on such plate.
(e) Only until December 31, 2023, any individual cited for violation of subsections (a), (b) or (c) of this section may raise as an affirmative defense that the violation has been corrected prior to adjudication of the citation. The affirmative defense provided in this subsection shall apply to all citations issued within a 30 day period prior to the date of compliance for the same violation, and it shall be limited to only one such defense per a permanent vehicle license plate number of a vehicle registered in the name of an individual defendant as a sole or joint owner.
(f) Except as otherwise provided in subsection (e) of this section, the violation of this section shall subject the violator to the fine set forth in Section 9-100-020.
(Added Coun. J. 1-14-92, p. 11643; Amend Coun. J. 11-19-03, p. 14216, § 6.2; Amend Coun. J. 12-8-04, p. 38063, § 1; Amend Coun. J. 2-8-06, p. 69782, § 1; Amend Coun. J. 12-12-07, p. 16793, § 4; Amend Coun. J. 7-28-11, p. 5048, § 2; Amend Coun. J. 2-15-12, p. 20533, § 1; Amend Coun. J. 4-10-13, p. 51189, § 12; Amend Coun. J. 4-15-15, p. 106576, § 2; Amend Coun. J. 9-18-19, p. 4521, § 2; Amend Coun. J. 10-27-21, p. 40504, Art. I, § 1)