(a) Any provision of this Traffic Code or other ordinance of the Village to the contrary notwithstanding, if there is no adjacent alley or parking space reasonably available wherein a vehicle or truck, carrying freight or merchandise is to be immediately unloaded or being intended for immediate loading of freight or merchandise, can be parked or stand in accordance with the provisions of this Traffic Code, the vehicle or truck may be “double-parked” or left standing away from the curb for such time, but not to exceed five minutes, that it is absolutely necessary to so load or unload the freight or merchandise, and only if the motor of the truck is kept running and the same shall be moved at the request of any person.
(b) Except as otherwise provided in this subsection, 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.