(a) As used in this section:
(1) “Commercial motor vehicle” means any motor vehicle other than a motor vehicle designed primarily for the transportation of not more than twelve people, and includes, without limitation, trucks and road machinery of any description.
(2) “Trailer” means any form of device, equipment or machinery on wheels or a single wheel that is intended to be pulled by a motor vehicle, whether or not attached to a motor vehicle, and includes, without limitation, truck trailers, auto trailers, house trailers and trailer coaches, excluding, however, recreational vehicles, as that term is defined in Section 351.20(a).
(3) “Residential area” means that portion of the City zoned as a Single Family, Multi Family, Mixed Use or Apartment District under the Zoning Code.
(Ord. 71-51. Passed 12-20-71; Ord. 2012-61. Passed 11-20-12.)
(b) No person shall park or store a commercial motor vehicle or trailer in a residential area of the City, except in a completely enclosed garage or building.
No person, being the owner thereof, shall permit a commercial motor vehicle or trailer to be parked or stored in a residential area of the City, except in a completely enclosed garage or building.
No person, being the owner of or having possession of real property in a residential area of the City, shall permit any commercial motor vehicle or trailer to be or remain parked or stored thereon, except in a completely enclosed garage or building.
(c) 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 vehicle or trailer which was parked only so long as was necessary for and while being used directly in connection with the making of deliveries or pickups to or from customers at the premises on or near which the same was parked;
(2) A commercial vehicle or 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;
(3) A commercial vehicle or 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.
(5) A pick-up truck or van with a factory load capacity not exceeding one ton.
However, such defense must have been specifically pleaded at the time the accused entered his plea to the charge.
(Ord. 62-34. Passed 6-6-62; Ord. 82-70. Passed 10-5-82.)