(A) Except as provided in subsections (B), (C) and (D) of this section, it be unlawful for any person who owns or controls a boat or trailer to park or leave same standing so as to encroach upon any public street:
(1) For more than seventy-two hours in any seven-day period; or
(2) For any length of time more than twice in any thirty-day period.
(B) It shall be an affirmative defense to prosecution under this section that at the time of the alleged offense:
(1) The owner or operator of the boat or trailer was in the actual course and scope of loading, unloading, or providing goods or services to, or acquiring goods or services from, the occupant of property adjacent to the public street;
(2) There were no other locations in the immediate vicinity where the boat or trailer could be lawfully parked off the public street;
(3) The boat or trailer was otherwise lawfully parked as close to the curb or shoulder of the public street as was practicable in order to minimize obstruction of traffic on the street; and
(4) The boat or trailer was removed from the public street as soon as reasonably possible following completion of the loading, unloading, or provision or acquisition of goods or services.
(C) It shall be an affirmative defense to prosecution under this section that at the time of the alleged offense there was conspicuously displayed on the boat or trailer a valid permit approved by the City Manager in accordance with the following provisions.
(1) The application for a permit shall be made upon a form approved by the City Manager and filed with the City Secretary. No fee shall be charged or collected for the permit.
(2) The City Manager shall approve or disapprove the issuance of the permit or the renewal within two business days following the date on which the application is filed. Failure of the City Manager to approve an application within this time shall result in the administrative disapproval of such application.
(3) The permit, if issued, shall be valid for the period specified therein, not exceeding seven days. Subsequent applications for one or more additional permits may be filed if the applicant seeks permission to park or leave standing the boat or trailer for a longer period of time.
(4) The permit may not be transferred or assigned.
(5) The City Manager shall deny or revoke the permit if the applicant has any outstanding parking or moving-traffic citations issued by the City; or if application contains false or misleading information; or if the boat or trailer poses a hazard to traffic or pedestrians, constitutes a nuisance, or unreasonably impedes vehicular or pedestrian traffic on the public street; or otherwise unreasonably limits access to any property.
(D) It shall be an affirmative defense to prosecution under this section that at the time of the alleged offense the boat or trailer was otherwise lawfully parked or left standing due to a mechanical defect which made it unsafe to move, provided that as soon as reasonably possible the person having ownership or control completed emergency repairs, or summoned tow removal equipment, as appropriate.
(E) Nothing herein shall be construed to permit parking in a manner, time, or location otherwise prohibited by law.
(F) A boat or trailer parked or left standing upon a public street in violation of this section is subject to immediate towing and impoundment.
(Ord. 99-36, passed 10-26-99) Penalty, see § 70.99