(a) Purpose and authority. The purpose of this section is to prohibit the parking of specified vehicles on public roadways. This section is authorized by W. Va. Code § 8-12-5.
(b) Findings. In adopting this section, the City Council makes the following findings:
(1) A dangerous hazard exists within the City in connection with the on-street parking on public rights-of-way of large recreational vehicles, commercial trailers, semi-trailer rigs and detached trailers;
(2) There have been instances where the owners or operators of commercial trailers, commercial semi-trailers and trailer rigs have detached the commercial trailers or semi-trailers from the truck tractor thereof, and have left the same stored upon public streets;
(3) Storage of large recreational vehicles, attached and detached trailers, semi-trailers on public streets are detrimental to the public health, safety and welfare inasmuch as the same are a hazard to traffic and other persons lawfully using the streets, and that such storage is not the parking or standing of a vehicle as contemplated by this Code;
(4) The storage of detached trailers or semi-trailers on public streets is not an authorized public use of the streets, and should be restricted;
(5) The City Council finds that the revised code is consistent with the goals, policies, implementation programs and land use designations specified in the city's comprehensive plan.
(c) No person who owns or has custody or control of any "commercial or recreational" vehicle shall park or store such vehicle on any public street, highway or right-of-way within the City limits unless specifically permitted below.
(d) "Commercial or recreational vehicle" includes, but is not limited, to all motorized and non-motorized tractors, trailers, semi-trailers, vans, trucks, open bed or flat-bed pickups, mobile equipment, machinery, motor homes, campers, or other vehicles which meet one or more of the following criteria:
(1) Vehicle or load height exceed eight (8) feet;
(2) Vehicle or load width exceeds seven and one-half (7½) feet, as measured from the widest portion of the vehicle or load, but not including mirrors;
(3) Vehicle length exceed twenty-four (24) feet (parked vehicle and trailer combination may not exceed forty (40) feet);
(4) Manufacturer's gross vehicle weight rating exceed 10,000 pounds; or
(5) Any non-motorized vehicle regardless of its height, width, length or weight when it has been detached from a motor vehicle that is capable of towing such vehicle, unless such trailer meets the definition of and has been issued a permit subject to (e)(5) below, including but not limited to, any camping trailers, boat trailers, recreational trailers, all-terrain vehicle trailer and any other type of trailer designed for personal use.
(6) Any motor home, recreational vehicle, trailer coach, truck campers, bus or other type of recreational vehicle.
(e) This section shall not prohibit the parking of commercial vehicles if they are at the time engaged in any of the following activities:
(1) Loading or unloading of persons and/or property;
(2) Temporarily parked in connection with or in the aid of the immediate performance of a service to or on a property in the immediate proximity in which such vehicle is parked;
(3) Parked or left standing to allow the operator respite in the immediate proximity in which such vehicle is parked for a period of not to exceed thirty (30) minutes;
(4) Parked or left standing as a result of a mechanical breakdown so as to allow for the performance of emergency repairs on the vehicle, or while waiting for a tow operator for a period not to exceed two hours;
(5) Parked or left standing as allowed by a permit issued by the City pursuant to established procedures and a payment of fifty dollars ($50.00) for one (1) year after the enactment of this section and then one hundred dollars ($100.00) annually. A commercial trailer parking permit may be issued for commercial attached or detached trailers subject to the following conditions:
A. The trailer is actively used for commercial purposes;
B. The trailer is less than 16 feet in length;
C. The trailer is less than 8 feet in height;
D. The trailer must be parked adjacent to the owner's residence or business;
E. Any permitted trailer parked on the public right-of-way must be in operable condition and registered; and
F. Trailers may not be parked on the street longer than 7 days without being moved to ensure active use.
(6) Emergency vehicles of any political subdivision of the state or of a public utility, while the driver of any such vehicle is engaged in the necessary performance of public emergency duties;
(7) Vehicles involved in the service of food, drinks or other consumable products commonly known as food trucks;
(8) Parked as part of an active and approved construction project; or
(f) Any person violating any of the provisions of this section or any rule or regulation established under the provisions of this section is guilty of a misdemeanor and upon conviction thereof shall be punished according to Section 361.99
(a).
(Ord. 2022-01. Passed 2-10-22.)