(a) As used in this section,
TREE LAWN means the portion of streets between the traveled and/or paved portion of the roadway to the nearest line of any existing sidewalk or to the street right-of-way boundary.
(b) No person shall park a motor vehicle upon a tree lawn for more than four consecutive hours or without first obtaining permission of the abutting property owner, except for those tree lawns that have been improved with slag, pavement, asphalt or concrete materials for use as a parking area prior to the effective date of this section. Such areas may be used for parking so long as the property owner continues to maintain such areas for parking.
(c) No person shall park a motor vehicle on any tree lawn in such a manner that any portion of such vehicle extends outside of such tree lawn area into the traveled portion of the public highway upon which it may abut or on or across any existing sidewalk.
(d) Because all tree lawns are public property, any damage to the same shall be repaired by the village and billed to the violator, unless the same are repaired within 72 hours after notice of such damage is given by village officials.
(e) Those persons who have improved their tree lawns with slag, pavement, asphalt or concrete materials shall make application for a permit for any continued use, which permit shall be issued upon payment of a $1 fee. Any landowners who wish to improve their tree lawns for parking after the effective date of this section, must first apply to the Village Administrator for a tree lawn parking permit, to be issued only after Council approval, before improving such tree lawns. Permits for tree lawn parking shall be issued only in Business and Industrial Zoning Districts after the effective date of this section.
(f) Whoever violates any of the provisions of this section shall be fined $30. Whoever violates any of the provisions of this section more than twice within a one year period shall not be entitled to pay a waiver under § 452.19 of this chapter, is guilty of a minor misdemeanor and shall pay a fine of $100.
(`80 Code, § 452.16) (Ord. 2416, passed 5-20-02)