§ 71.07 COMMERCIAL VEHICLES STORED IN RIGHT-OF-WAY.
   (A)   Definitions. For purposes of this section, the following definitions shall apply:
      (1)   COMMERCIAL VEHICLE. Any automobile, station wagon, light van, pick-up truck, bus, step van, truck, trailer, utility trailer, truck tractor, agricultural, construction, or industrial equipment, or any vehicles designed, intended, or used for transportation of people, goods, or things for profit to which may be attached to or visible on the exterior or in the open bed of such vehicle, commercial lettering, tools, building materials, merchandise, ladders, pipes, racks, emergency flashing or rotating lights, or the vehicle has an altered or removed cargo box. An attached toolbox shall not constitute an altered cargo box. Those vehicles commonly referred to as tractor-trailer rigs, which includes tractor trucks with or without a trailer attached, a trailer, wreckers, tow trucks, dump trucks, tankers, garbage trucks, tractors, box trucks and/or hoist trucks shall all be deemed to be commercial vehicles: or
         (a)   Any vehicle which exceeds eight feet in overall height from the ground to the highest point on the vehicle (including appurtenances except standard equipment antennas), or 22 feet in overall length from outside of the front bumper to the outside of the rear bumper, or seven feet in overall width, not including mirrors; or
         (b)   Any vehicle with more than two axles; or
         (c)   Any vehicle with a manufacturer's gross vehicle weight rating (GVWR) of 14,000 pounds or more.
      (2)   STORE. To park for purposes other than loading or unloading, or to provide immediate services, subject to the provisions in subsection (D)(3) below.
      (3)   RIGHT-OF-WAY. Land in which the state, the county or the city owns the fee or has an easement devoted to or required for the use as a public street, including sidewalks and swales therein, and any area within, or adjacent to, a roadway which is not open for vehicular traffic.
      (4)   ROADWAY. That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder.
      (5)   TRAILER. Any vehicle or vehicular structure without motive power designed and/or used to carry or transport goods, materials, or any items.
   (B)   It shall be unlawful and a violation of this section, for any person to store or allow to be stored, a commercial vehicle, on or within the right-of-way of any public street located in the city.
   (C)   It is prohibited to park any commercial vehicle across any line or marking of a parking space or in a position so that the vehicle shall not be entirely within the area designated by the lines or markings. This applies to both metered and unmetered parking spaces.
   (D)   Exceptions.
      (1)   This section shall not apply to the parking of any commercial vehicle on the paved portion of any right-of-way within the city where adequate provision for the vehicles has been specifically provided by marked spaces for same or where authorized signs have been posted permitting parking of commercial vehicles at such locations, subject to any posted restrictions.
      (2)   This section shall not apply in case of emergency situations or vehicle breakdown; provided however, that to the extent possible and wherever practical, the disabled commercial vehicle shall wholly or partially be driven off of the paved portion of the roadway. Any such vehicles must be removed within 24 hours of the emergency or breakdown, or will be in violation.
      (3)   This section shall not apply to the parking of any commercial vehicle upon the paved portion of a right-of-way adjacent to, but not in, a roadway, for any period of time in which the operator of the vehicle is actively engaged in loading or unloading, making deliveries, or other trade activity upon the abutting property, if there is insufficient driveway or parking lot space upon the abutting property to accommodate the length of the vehicle. However, in every event an unobstructed width of the paved portion of the right-of-way opposite the vehicle, and trailer if any, shall be provided for, and any such parking shall not obstruct the free passage of other vehicular traffic. No such commercial vehicle shall be stopped or parked on the paved portion of a right-of-way within 50 feet of any street intersection or marked crosswalk.
      (4)   The provisions of this section do not apply to passenger automobiles owned by federal, state, county, or municipal governments which automobiles are used for law enforcement or fire safety purposes, and which carry identifying emblems, insignia and emergency lighting. Such automobiles include, but are not limited to, police cars, Florida Highway Patrol cruisers, Florida Marine Patrol cars and cars used by the county sheriffs department or city code enforcement.
   (E)   Violation of this section shall be punishable by parking citation for each day in violation, pursuant to the procedures and penalties in § 70.11. Any such vehicle in violation of this section which presents an immediate hazard to vehicular or pedestrian traffic may be impounded pursuant to the provisions of § 70.13.
(Ord. 2001-51, passed 4-24-01; Am. Ord. 2012-25, passed 2-28-12)