§ 72.21 PARKING CERTAIN HEAVY VEHICLES.
   (A)   This section does not apply to:
      (1)   Heavy vehicles owned or leased by the City while being used by employees or agents of the City in the performance of their City duties; or
      (2)   Heavy vehicles otherwise lawfully parked or left standing:
         (a)   At a construction site while construction is in progress; or
         (b)   By public utility companies at a location where public service utilities are being repaired, installed, maintained, relocated, or extended; or
         (c)   By an employee of a public utility, police department, fire department, ambulance service, or tow truck operator while that employee is on call.
      (3)   Heavy vehicles that are a ¾ or 1-ton truck.
   (B)   It shall be unlawful for a person who owns or operates a heavy vehicle to park or leave same standing in whole or in part on any alley, public street or right-of-way.
   (C)   It shall be unlawful for a person who owns or operates a heavy vehicle, except a recreational vehicle, to park or leave same standing in whole or in part on any residentially zoned property. It shall further be unlawful to occupy or treat as a residence or accessory dwelling unit a recreational vehicle on residentially zoned property.
   (D)   It shall be unlawful for a person who owns or operates a heavy vehicle to park or leave same standing in whole or in part upon any commercial property which is not owned or leased by the owner or operator of the heavy vehicle, unless the vehicle is parked on a truck lot.
   (E)   It shall be an affirmative defense to prosecution under paragraph (D) of this section that at the time of the alleged offense:
      (1)   The vehicle was otherwise lawfully parked;
      (2)   The owner or operator of the vehicle 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 upon which the vehicle was parked;
      (3)   There were no other locations in the immediate vicinity where the vehicle could be lawfully parked; and
      (4)   The vehicle was removed from the property as soon as reasonably possible following completion of the loading, unloading, or provision or acquisition of goods or services.
   (F)   It shall be an affirmative defense to prosecution under paragraphs (B), (C), and (D) of this section that at the time of the alleged offense the heavy vehicle was otherwise lawfully parked or stopped due to a mechanical defect which made it unsafe to operate the vehicle, provided that as soon as reasonably possible the driver or operator completed emergency repairs, effected a load transfer to another vehicle, or summoned tow removal equipment, as appropriate.
(Ord. 99-36, passed 10-26-99; Am. Ord. 2020- 43, passed 9-8-20; Am. Ord. 2021-37, passed 8-24-21)Penalty, see §§ 70.99 and 72.24