(a) No person shall park a motor vehicle in the required off-street parking area of any office building, retail store or shopping center, between the hours of 1:00 a.m. and 6:00 a.m.
(b) Notwithstanding the provisions of division (a) hereof, any motor vehicle properly identified as being parked in conjunction with the operation of such office building, retail store or shopping center shall not be subject to the limitations of this section. Such method of identification shall be established by the Chief of Police, who shall provide for the issuance of some identifying insignia after a written application and investigation conducted to his or her satisfaction indicates that the motor vehicle in question is being used in the conduct of the business in question. Such insignia shall be valid for such length of time as is designated by the Chief of Police and may be renewed from time to time upon further application.
(c) It shall be an affirmative defense to a charge of violating division (a) of this section that an automobile parked between the hours of 1:00 a.m. and 6:00 a.m. was actually parked for the purpose of permitting the driver thereof to perform a lawful function in connection with the business usage with which the parking lot is associated and further that there was not sufficient opportunity, due to the circumstances, to get prior approval from the Division of Police.
(d) Prior to enforcing this section, the Safety Director shall cause notice to be served, in such fashion as he or she shall deem reasonable, upon the owners and tenants of buildings, stores and shopping centers whose parking lots will be affected by it.
(1982 Code, § 351.15) (Ord. 75-30. Passed 4-7-1975.)