(Title and Section Amended by Ord. No. 187,235, Eff. 11/22/21.)
(a) The following definitions shall apply to this section:
"Commercial Trailer" shall mean a trailer or a cargo container designed to be hitched or attached to, or lifted upon a Commercial Vehicle or other vehicle, and to transport, carry, haul, or store freight, property, goods, cargo, or other commercial items.
"Commercial Vehicle" shall mean: (1) a truck tractor; or (2) a motor vehicle with commercial license plates, which either exceeds 22 feet in total length including bumpers, or is 22 feet or less in length with the name of a business or a sign advertising a product or service painted or affixed on the exterior of the vehicle.
"Operator" shall mean any person or corporation who conducts a business or enterprise that operates one or more Commercial Vehicles, or Commercial Trailers, including through Operator's use of a lessee, agent, independent contractor, or any other person engaged by the Operator to conduct Operator's business or enterprise on Operator's behalf.
(b) It shall be unlawful for an Operator to park or leave standing any Commercial Vehicle, or any other motorized vehicle exceeding 22 feet in length as measured from bumper to bumper, on any public street where a majority of the buildings situated on the block or street segment are used for residential purposes, whether as single-family dwellings or as multi-family dwellings. It shall also be unlawful for any Operator to park or leave standing any Commercial Vehicle for more than three hours on any other public street, except any vehicle regulated herein may park notwithstanding such prohibition, or in excess of such time limitation when:
(1) a vehicle is loading or unloading property, and additional time is necessary and reasonable to complete such work;
(2) a vehicle is parked in connection with, and in aid of, the performance of a service to or on a property in the block or street segment where such vehicle is parked, and additional time is necessary and reasonable to complete the service; or
(3) a vehicle is parked pursuant to one of the requirements set forth in Subsection 80.69.1(b), Subdivisions 2. through 5.
The Department shall not post signs or restrict parking of a Commercial Vehicle or Commercial Trailer as defined in this section on any street where the restriction would be preempted under state or federal law.
(c) Except as set forth in Subsection 80.69.1(b), Subdivisions 3. through 5., it shall be unlawful for an Operator to park or leave standing a Commercial Trailer, either hitched or unhitched, upon any street where the Department has posted signs providing notice of this restriction.
(d) Civil Penalties. It shall be unlawful for any Operator to park or stand a Commercial Vehicle in violation of Subsection (b) or a Commercial Trailer in violation of Subsection (c) of this section on any street where the Department has posted signs providing notice of this restriction.
First Violation. A first violation of either Subsection (b) or (c) of this section by an Operator shall constitute a civil penalty in the amount of $500.
Second Violation. A second violation of either Subsection (b) or (c) of this section occurring within 12 months of the first violation by an Operator shall constitute a civil penalty in the amount of $750.
Third and Subsequent Penalty. A third and any subsequent violation of either Subsection (b) or (c) of this section occurring within 12 months of the first violation by an Operator shall constitute a civil penalty in the amount of $1,000.
(e) The Operator shall be guilty of a separate offense for each and every day during which any violation of this section is committed, continued, or permitted by the Operator.
(f) Severability. If any subsection, sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council hereby declares that it would have adopted this article and each and every subsection, sentence, clause, and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the article would be subsequently declared invalid or unconstitutional.