(a) For purposes of this chapter:
(1) “Commercial tractor” shall have the meaning set forth in Section 301.07.
(2) “Semi-trailer” shall have the meaning set forth in Section 301.36.
(3) “Pole trailer” shall have the meaning set forth in Section 301.24.
(4) “Agricultural trailer” shall have the meaning set forth in Section 301.02.
(5) “Residential area” means any portion of the City zoned as Residential, except Rural-Residential.
(b) No person, being the owner thereof, shall permit a commercial tractor, commercial trailer, semi-trailer, pole or agricultural trailer, bus, or school bus to be parked or stored in a residential area of the City, other than rural residential.
(c) No person, being the owner of or having possession of real property in a residential area of the City, shall permit any commercial tractor, commercial trailer, semi- trailer, pole or agricultural trailer, bus, or school bus to be or remain parked or stored thereon, other than rural residential.
(d) It shall be a defense to prosecution under this section if the accused establishes by a preponderance of the evidence, that the vehicle or trailer involved, as the case may be, was:
(1) A commercial tractor, commercial trailer, semi-trailer, pole or agricultural trailer, bus, or school bus, which was parked only so long as was necessary for and while being used directly in connection with the making of deliveries or pickups, or delivering or picking up riders, to or from the customers or residents at the premises on or near which the same as parked; or
(2) A commercial tractor, commercial trailer, semi-trailer, pole or agricultural trailer which was parked only so long as was necessary and while being used directly in connection with construction, altering, repairing, painting, cleaning or other improvement being performed on the premises on or near which the same was parked; or
(3) A commercial tractor, commercial trailer, semi-trailer, pole or agricultural trailer being used other than for business purposes by the person in possession thereof while being loaded or unloaded with articles, materials or objects being taken from or deposited on the premises on or near which the same was parked; or
(4) A motor vehicle or trailer of any governmental authority; or
(5) A pick-up truck or van with a factory load capacity not exceeding one ton.
Such defense must have been specifically pleaded at the time the accused entered his plea to the charge or it shall be deemed waived.
(e) Whosoever violates this section shall be guilty of a minor misdemeanor.
(Ord. 2004-114. Passed 7-26-04.)