It is an affirmative defense to the prosecution order of § 71.03 if the motor vehicle in question:
(A) Is one of which the town is the owner;
(B) Is a truck or truck-tractor which is being driven to or from any premises in the town, to which any consumer goods or any standard sized delivery of any dirt, sand, gravel transported thereon or thereby is being or has been delivered as set out by the bill of lading, the route being taken by the driver thereof is the most practical, direct route to such premises, or follows a map drawn by the owner of said property, and said vehicles depart premises with the intent of leaving the town upon completion of said delivery;
(C) Is one which, with the consent of the Town Council is actually engaged in the construction, reconstruction, repair or maintenance of the street on which it is being driven or operated, or is traveling to or from any location for such purpose and the route being taken by the driver or operator thereof is the most practical, direct route to such location;
(D) Is one which comes within the definition of “other self-propelled vehicle” contained in § 71.02 and has a gross vehicle weight of 15,000 pounds or less;
(E) Is one which is owned by a person, association or corporation to whom a franchise has been heretofore or is hereafter granted by the Town Council, and the motor vehicle in question is being used in connection with the business authorized by such franchise, such franchise has not expired or been revoked or terminated, and the franchise is not delinquent in the payment of franchise tax or any other taxes, assessments or lawful charges owed to said town;
(F) Is a school bus or church bus; or
(G) Is used for transportation to and from the residence and requires a permit.
(Ord. 2005-07, passed 3-21-2005)