(a) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) "Gross vehicle weight rating (GVWR)" means the maximum operating weight/mass of a vehicle as specified by the manufacturer.
(2) "Vehicle" shall have the same meaning as Section 402.53.
(3) "Tree lawn" shall have the same meaning as Section 1026.02(c).
(b) Prohibitions.
(1) No person shall park, or permit to remain parked a vehicle with a GVWR over 19,500 lbs./7,257 kg. on any street within a residential zone of the Village.
(2) No person shall park, or permit to remain parked a vehicle with a GVWR over 19,500 lbs./7,257 kg. on any tree lawn within a residential zone of the Village.
(3) No person shall park, or permit to remain parked, a vehicle with a GVWR over 19,500 lbs./7,257 kg. on any private property within a residential zone of the Village without first obtaining a parking permit.
(4) No person shall perform, or permit to be performed any service, maintenance or repairs to any vehicle with a GVWR over 19,500 lbs./7,257 kg. parked in a residential zone unless it is in an approved building.
(5) No person shall park a semi truck/semitrailer combination on any residential property unless the property is adjacent to a posted truck route.
(c) Vehicle Parking Permit.
(1) Application. Applications for a parking permit shall be submitted by owner of the vehicle with a GVWR over 19,500 lbs./7,257 kg. to be parked in a residential zone and shall include:
A. Applicants name, address and phone number;
B. Proof of applicant valid license to operate truck;
C. Name address and phone number of owner of property where truck will be parked if different than applicant;
D. Make, model and color of truck to be parked;
E. Valid registration number of truck to be parked;
F. Proof of insurance for truck to be parked;
G. Application fee; and
H. Signature of applicant and, if different, property owner.
(2) Application fee. The application fee shall be set by Executive Order of the Mayor with the majority concurrence of Council.
(3) Notice to contiguous property of right to object. Upon receipt of application, the utility clerk shall cause to be served notice upon all property contiguous to the location proposed in the application for parking permit. Such notice shall be served by personal service upon the tenant or owner by:
A. Mailing the notice to the owner or tenant by registered U.S. mail;
B. Personal delivery to the owner or tenant;
C. Posting the notice upon property, in a conspicuous place.
(4) Objections. Contiguous property owners shall have 14 days from the receipt date of the notice to submit written objections to the Mayor. Contiguous property owners shall have standing to appeal a decision of the Mayor granting a permit to the BZA.
(5) Police verification. Upon receipt of completed written application and application fee, the application shall be forwarded to the Chief of Police for review and verification.
Upon completion of the review and verification by the Chief of Police, the application and verification/investigation results shall be forwarded to the Mayor.
(6) Approval or denial by Mayor. Upon receipt of completed written application and results of verification by Chief of Police, the Mayor may approve or deny the permit.
A. Application approval. Upon approval, the Mayor shall issue the applicant a permit placard to be displayed from the rear view mirror or otherwise placed upon the clearly visible in a conspicuous location.
B. Grounds for denial of permit. The Mayor shall deny any application for a permit for the following reasons:
1. Application is incomplete.
2. Vehicle is not registered.
3. Owner does not have a valid operator's license required for the operation of the vehicle.
4. Vehicle is uninsured.
5. Failure of applicant to cooperate with permit process.
C. The Mayor may deny any application for the following reasons:
1. Applicant has had previous permit revoked within five years.
2. Objections by contiguous property owners or tenants.
3. Parking location upon private road or driveway is unimproved.
4. Roadway is not load rated.
(7) Duration of permit. Permits shall be granted for no more than one year, renewable in increments of one year.
(8) Grounds for revocation of permit. The Mayor may revoke a permit for the parking of a vehicle with a GVWR over 19,500 lbs./7,257 kg. for good cause including but not limited to the following: Complaints of excessive noise, fumes, or odor, obstruction of view, expiration of registration, lapse of insurance, disrepair, expiration or suspension of operator's license, failure to display permit, and/or violations of Village Code.
(9) Display of permit. No permit holder shall fail to display a valid permit. Permits shall be displayed from the rear view mirror or otherwise placed upon the vehicle clearly visible in a conspicuous location.
(10) Only one permit per lot. Only one vehicle with a GVWR over 19,500 lbs./7,257 kg. parking permit may be granted per residential zone lot.
(11) Renewal. Vehicle with a GVWR over 19,500 lbs./7,257 kg. parking permits may be renewed by the Mayor for a period of one year with the concurrence of counsel. The renewal fee shall be set by Executive Order of the Mayor with the majority concurrence of Council.
(d) Affirmative Defense, Delivery. It shall be an affirmative defense to a violation of division (b) of this section that the vehicle was at the time of the alleged violation being used for emergency purposes or delivering goods or necessary services.
(e) Towing or Removal for Violations. The Chief of Police may order into storage any vehicle with a GVWR over 19,500 lbs./7,257 kg. parked in violation of this section pursuant to applicable divisions of Section 452.055
.
(f) Most Direct Route. No person shall fail to transport a vehicle with a GVWR over 19,500 lbs./7,257 kg. to the location authorized by permit on the most direct route when on any roadway not designated as a truck route.
(g) Police Department to Investigate Complaints. The Police Department may investigate complaints arising from vehicle with a GVWR over 19,500 lbs./7,257 kg. parking permits as it deems necessary.
(1) The granting, denial or revocation of a permit may be appealed in writing by filing a notice of appeal to the Board of Zoning Appeals within seven days by permit holder/applicant claiming to be adversely affected.
(2) Hearing. The Board of Zoning Appeals shall hold a public hearing within 14 days from the receipt of the notice of appeal.
(3) The Board of Zoning Appeals may uphold the permit, uphold the permit with additional condition(s), or rescind the permit.
(i) Penalties. Whoever violates this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during which a violation or noncompliance occurs or continues.
(Ord. 2017-04. Passed 4-18-17; Ord. 2018-14. Passed 11-6-18.)