Section 452.035 is hereby created to regulate the parking of trucks, trailers, semi-trailers, commercial vehicles, recreational vehicles, boats, construction equipment and storage containers in commercial and residential districts;
(a) (1) Except as provided in this section, no person shall stand or park, whether attended or unattended, any semi-tractor or semi-trailer on any street, highway, right-of-way, alleyway, yard area (front, back or side) or driveway or on any private property in any residential district within the City.
(2) This provision does not apply to a semi-tractor or semi-trailer when standing or parking:
A. Due to an emergency and no longer than two hours, or
B. For the active loading or unloading of cargo, or
C. If such vehicle is owned or operated by the City while the operator of such vehicle is carrying out official duties.
(b) It shall be unlawful, whether attended or unattended, for any person to park, station, leave standing, or store any general purpose trailer, recreational vehicle, boat, construction equipment, any vehicle over five tons in weight or any storage container on any portion of any street, highway, right-of-way or alleyway within residential districts or commercial districts or in other districts where a residential use is principally or conditionally permitted in the City, except in those cases where such parking or stationing of such vehicle or equipment is necessary for the purpose of making a pickup, delivery, or service call at a premises abutting such street or for actively performing construction services on any such premises, or for undertaking City approved construction.
(1) Each separate act of parking, stationing, standing or storing any such vehicle and/or equipment in violation of this section, and each calendar day on which such parking, stationing or storing continues shall be deemed a separate violation of this section.
(2) After an initial notice to the owner by a peace officer, either by citation or personally, any vehicle and/or equipment as listed in subsections (a) and (b) above in violation of this section are subject to tow after 48 hours. The City will assess any towing and storage fees against the owner as a result of the violation.
(3) Owners of recreational vehicles visiting a resident are prohibited from parking on any portion of any street, highway, right-of-way or alleyway within residential districts or commercial districts or in other districts where a residential use is principally or conditionally permitted in the City not to exceed 72 hours in any given month; 72-hour periods cannot connect between months.
(4) It shall be prohibited to dispose of any putrid or waste substances from a recreational vehicle onto any portion of any street, storm sewer, catch basin, sanitary manhole, highway, right-of-way or alleyway within residential districts or commercial districts or in other districts.
(5) It shall be prohibited to connect electricity to a recreational vehicle parked on any portion of any street, highway, right-of-way or alleyway within residential districts or commercial districts or in other districts from any residence or commercial structure.
(6) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(c) As used in this section:
(1) “Construction equipment” includes any equipment, whether self-propelled, having wheels or not, which is designed to be used for earth moving or in the provision of construction services, which such equipment includes but is not limited to tractors, bulldozers, earth movers, generators, pumps, compressors, manual or motorized cement mixers, forms, vehicle transportation trailers, and similar like items.
(2) “Recreational vehicle” shall include the following:
A. “Boat and boat trailer.” Shall include boats, floats, and rafts plus the normal equipment to transport them on public streets.
B. “Folding or pop-up trailer.” A folding structure, mounted on wheels and designed for travel and vacation uses.
C. “Motorized home.” A portable housing unit designed and constructed as an integral part of a self-propelled vehicle.
D. “Pickup camper.” A structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use for travel, recreational, or vacation uses.
E. “Travel trailer.” A vehicular, portable structure built on a chassis, designed to be used as temporary living quarters for travel, recreational, and vacation uses, permanently identified as a travel trailer by the manufacturer.
(3) “Storage container” includes any equipment, whether self-propelled, having wheels or not, which is designed for the purpose to store, secure, or otherwise contain any solid, liquid, or gas.
(4) “Utility or general purpose trailers” includes any trailer which is pulled or towed by any motorized vehicle or is not self propelled.
(Ord. 09-2011. Passed 8-4-11.)