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§ 71.08 ADMINISTRATION.
    The provisions of this chapter shall be carried out and administered by regularly salaried, full-time employees of the city, except that the removal of the vehicles or parts thereof from property may be by any other duly authorized person.
(2005 Code, § 8-3-8) (Ord. 200728A, passed 7-28-2020)
§ 71.09 AUTHORITY TO ENTER UPON PRIVATE PROPERTY.
   (A)   The City Manager, Director of Public Safety or their duly authorized representative is hereby directed and authorized to enter upon private property for the examination of vehicles or parts thereof, to obtain information as to the identity of vehicles and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.
   (B)   The Municipal Court shall have authority to issue any order necessary to enforce this procedure.
(2005 Code, § 8-3-9) (Ord. 200728A, passed 7-28-2020)
§ 71.10 PARKING OF TRUCKS, TRACTORS, COMMERCIAL VEHICLES AND THE LIKE.
   (A)   (1)   It shall be unlawful for any person to park any bobtail, truck-tractor, road-trailer, trailer, semitrailer, bus and any other commercial motor vehicle over one ton capacity upon any public street, alley, parkway, boulevard, public place or railroad right-of-way in the city.
      (2)   This provision shall not apply to street construction equipment, maintenance and repair equipment or trucks, rollers and implements, equipment trailers, vehicles used by public service utility companies engaged in repairing or extending public service utilities, motor buses when taking on or discharging passengers at the customary bus stops, vehicles parked in a designated loading zone while they are in the act of accepting from the immediate shipper or delivering to a consignee or addressee any transportable thing, or vehicles with mechanical defects during the time it takes to make emergency repairs.
   (B)   (1)   It shall be unlawful for any person to park any bobtail, truck-tractor, road-tractor, road-trailer, semitrailer, bus and any other commercial motor vehicle over one ton capacity within any developed platted subdivision in the city.
      (2)   This provision shall not prevent the parking or standing of the above described vehicles in such zoned areas for the purpose of expeditiously loading and unloading passengers, freight or merchandise.
(2005 Code, § 8-3-10) (Ord. 920406A, passed 6-4-1992; Ord. 200728A, passed 7-28-2020) Penalty, see § 10.99
§ 71.11 TIME LIMIT FOR PARKING NON-MOTORIZED RECREATIONAL VEHICLES, BOAT TRAILERS, STOCK TRAILERS AND OTHER NON-MOTORIZED VEHICLES.
   It shall be unlawful for any person to park any boat trailer, stock trailer, recreational vehicle (RV), or any other vehicle unable to operate under its own power on any public street, roadway or avenue within the city for a period longer than a 24-hour duration.
(2005 Code, § 8-3-11) (Ord. 200728A, passed 7-28-2020; Ord. 210727A, passed 7-27-2021) Penalty, see § 10.99
§ 71.12 PARKING OF ABANDONED MOTOR VEHICLES FOR MORE THAN 48 HOURS PROHIBITED.
   A person commits an offense if he or she leaves an abandoned motor vehicle, recreational vehicle, or utility trailer, as defined herein, standing or parked in a public street, alley or other public places, or on private property without the consent of the owner or person in control of the property, for a continuous period of time longer than 48 hours.
(2005 Code, § 8-3-12) (Ord. 200728A, passed 7-28-2020; Ord. 210727A, passed 7-27-2021) Penalty, see § 10.99
§ 71.13 PARKING IN RESIDENTIAL AND AGRICULTURAL DISTRICTS.
   (A)   (1)   No motor vehicle, recreational vehicle or utility trailer, as defined herein, that equal or exceed 36 feet in length, shall be permanently stored or parked in any district zoned for residential uses.
      (2)   A temporary 72-hour exemption, established by division (E) below, may be applied.
   (B)   (1)   No motor vehicle, recreational vehicle or utility trailer, as defined herein, measuring less than 36 feet in length, shall be permanently parked on a public thoroughfare or between a dwelling and a public thoroughfare in any district zoned for residential uses. The parking of such vehicles shall only be allowed in a side yard, not abutting a street, behind the front building line, and in the rear yard of such properties.
      (2)   A temporary 72-hour exemption, established by division (E) below, may be applied.
   (C)   No motor vehicle, recreational vehicle or utility trailer, as defined herein, shall be parked or stored on an unimproved surface in the front, side or rear of any residence.
      (1)   An UNIMPROVED SURFACE is defined as a ground surface that is not paved with concrete or asphalt resistant to surface degradation.
      (2)   An IMPROVED SURFACE, composed of either concrete or asphalt, shall be designed with a paved thickness and sub-surface preparation that is adequate to withhold the weight of the vehicle being parked as approved by the City Engineer or designee.
   (D)   (1)   No motor vehicle, recreational vehicle or utility trailer, as defined herein, measuring less than 36 feet in length, shall be parked or stored in the rear or side of any residence are set back from any property line adjacent to another residential lot by a minimum of eight feet or alternatively screened with a compliant fence or evergreen landscaping where the height of the fence, or the mature height of the landscaping, is equal or greater than the item being screened.
      (2)   Should an evergreen landscaped screen be used, the minimum height of such screening material shall measure not less than 48 inches above finished grade at time of planting.
   (E)   No motor vehicle, recreational vehicle or utility trailer, as defined herein, of any size may be parked or stored between a dwelling and a public thoroughfare unless:
      (1)   The dwelling is constructed on a lot or parcel containing no less than one acre of land area;
      (2)   The area is part of a front driveway or parking area constructed of concrete, or asphalt designed in accordance with division (C)(2) above; and
      (3)   The vehicle is parked for no more than 72 hours at any one time only for the purpose of loading, unloading, cleaning, preparing for a trip, winterizing, or preparing the vehicle for off-premises storage.
   (F)   No motor vehicle, recreational vehicle or utility trailer, as defined herein, shall be parked or stored in front of any residence, on an undeveloped lot, or on any parcel of land except as provided for in division (I) below.
   (G)   The City Manager or designee shall have the authority to grant the temporary parking of utility trailers when the trailers are being utilized in conjunction with active construction projects or when exigent circumstances exist. In no case shall temporary parking be granted for periods longer than 30 consecutive days.
   (H)   No motor vehicle, recreational vehicle or utility trailer, as defined herein, shall be stored in the Lake Ray Hubbard Take Line Lease Area.
   (I)   The City Council may consider a variance to the provisions of this section, after a public hearing, if it determines that the enforcement of a provision in a particular instance:
      (1)   Is not in the best interests of the public;
      (2)   Constitutes waste or inefficient use of land or other resources;
      (3)   Creates an undue hardship on the applicant for a permit; or
      (4)   Does not serve its intended purpose, is not effective or necessary.
      (5)   Before the tenth day prior to the public hearing on the variance, the city shall send notice via regular mail to all property owners in accordance with the city's notification process as defined herein.
(2005 Code, § 8-3-13) (Ord. 920406A, passed - -; Ord. 941006B, passed - -; Ord. 190212B, passed 2-12-2019; Ord. 200728A, passed 7-28-2020; Ord. 210727A, passed 7-27-2021) Penalty, see § 10.99
§ 71.14 RESPONSIBILITY OF VEHICLE OWNER FOR VIOLATION OF CHAPTER.
   (A)    No person shall allow, permit or suffer any vehicle registered in his or her name to stand or park in any street in the city in violation of any provision of this chapter regulating the standing or parking of vehicles.
   (B)   If a vehicle is found unattended or unoccupied upon a street, highway, alley or other public place in violation of any provision of this chapter regulating the stopping, standing or parking of vehicles, the same is hereby declared a nuisance per se, and the fact that the vehicle is unattended or unoccupied by any person shall be prima facie evidence that the owner unlawfully stopped, placed or parked the vehicle.
   (C)   Proof of the ownership may be made by a copy of the registration of the vehicle with the State Highway Department or County Motor Vehicle License Department showing the name of the person to whom the state highway license plates were issued.
   (D)   This proof shall constitute prima facie evidence of the ownership of the motor vehicle by the person to whom the certificate of registration was issued.
(2005 Code, § 8-3-14) (Ord. 200728A, passed 7-28-2020)
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