Cross Reference — As to specific locations for limited
parking, see sch. II.
[CC 1983 §76.010]
The provisions of this Chapter prohibiting the standing or parking
of a vehicle shall apply at all times or at those times herein specified
or as indicated on official signs except when it is necessary to stop
a vehicle to avoid conflict with other traffic or in compliance with
the directions of a Police Officer or official traffic control device.
[CC 1983 §76.010]
The provisions of this Title imposing a time limit on parking
shall not relieve any person from the duty to observe other and more
restrictive provisions prohibiting or limiting the stopping, standing,
or parking of vehicles in specified places or at specified times.
[CC 1983 §76.010]
When signs are erected giving notice thereof, no person shall
park a vehicle at any time upon any of the streets described by ordinance.
[CC 1983 §76.010]
When signs are erected in each block giving notice thereof,
no person shall park a vehicle between the hours specified by ordinance
of any day except Sunday and public holidays within the districts
or upon any of the streets described by ordinance.
[CC 1983 §76.010]
When signs are erected in each block giving notice thereof,
no person shall stop, stand, or park a vehicle between the hours specified
by ordinance on any day except Sundays and public holidays within
the district or upon any of the streets described by ordinance.
[CC 1983 §76.010]
Whenever by this Title or any ordinance of the City any parking
time limit is imposed or parking is prohibited on designated streets
it shall be the duty of the City Traffic Engineer to erect appropriate
signs giving notice thereof and no such regulations shall be effective
unless said signs are erected and in place at the time of any alleged
offense.
[CC 1983 §76.010]
In cases where an equally direct and convenient alternate route
is provided, an ordinance may describe and signs may be erected giving
notice thereof, that no persons shall operate any commercial vehicle
upon streets or parts of streets so described except those commercial
vehicles making deliveries thereon.
[Ord. No. 94-53 §76.063, 11-3-1994]
A.
Definition. For purposes of this Section, "prohibited
vehicles," shall mean all trucks whose body and load weights
exceed one and one-half (1½) tons in the aggregate, and buses,
tractors and tractor-trailers, irrespective of weight.
B.
Unlawful Parking. It shall be unlawful for anyone to park any prohibited vehicle, as herein defined, on the street, or on private property, in a residential district, subject, however, to the exceptions set forth in Subsection (C) of this Section.
C.
Exceptions. The following are hereby declared to be exceptions
to the foregoing restrictions:
1.
Operation on street of destination. The operation
of trucks or other prohibited vehicles as herein defined upon any
street where necessary to the conduct of business at a destination
point, provided, streets upon which such traffic is permitted are
used until reaching the intersection nearest their destination point.
2.
Emergency vehicles. The operation of emergency vehicles
upon any street in the City.
3.
Public utilities. Operation of trucks or other prohibited
vehicles owned or operated by this City, public utilities and any
contractor or materialmen while engaged in the repair, maintenance,
or construction of streets, street improvements, or street utilities,
or City services within the City.
4.
Detoured trucks. The operation of trucks or other
prohibited vehicles upon any official established detour in any case
where such truck could lawfully be operated upon the street for which
such detour is established.
5.
Vehicles parked by permit. Any prohibited vehicle
may be parked in a residential district on private property if the
person wishing to so park such vehicle receives a written permit from
the City Traffic Engineer (Director of Safety). The permit applicant
shall furnish to the Traffic Engineer the names and addresses of all
property owners and tenants within three hundred (300) feet of the
proposed parking location. The Traffic Engineer shall notify these
property owners and tenants by mail of their right to file a protest
against the parking permit. Such applicant shall also provide such
other information that the Traffic Engineer may deem necessary to
make a determination on the application. The application fee for a
parking permit is five dollars ($5.00), which shall be non-refundable.
Before any such permit shall be issued, the Traffic Engineer shall
determine that the person seeking the permit has met all of the following
conditions:
a.
The parking of the prohibited vehicle will not be detrimental to
the public welfare or injurious to other property or improvements
in the neighborhood in which the proposed parking place is located;
b.
None of the property owners or tenants within three hundred (300)
feet of the proposed parking location have filed a protest to such
parking permit;
c.
The person seeking the permit will suffer hardship if not allowed
to park such vehicle at the proposed location; and
d.
The permit, if granted, will not be injurious to the integrity of
the neighborhood.
The Traffic Engineer may impose such conditions and restrictions
upon the permit to reduce or minimize the injurious effect of the
proposed parking upon other property in the neighborhood.
Any permit issued under the provisions of this Subsection shall
be valid only for a period of one (1) year. Permits will automatically
terminate at the end of the one (1) year period unless the Traffic
Engineer determines that no substantial violations of the conditions
of the permit have occurred and recommends renewal of the permit for
one (1) year upon payment of the payment fee.
No permit granted under the provisions of this Subsection shall
be transferrable.
Any person denied a permit by the City Traffic Engineer shall
be entitled to appeal such decision to the Board of Aldermen; provided
however, that, any person appealing such decision shall give written
notice of his/her intent to appeal within fourteen (14) days after
being notified by the Traffic Engineer's decision. Such notice shall
be accompanied by a non-refundable fee of five dollars ($5.00). The
Board of Aldermen shall notify all property owners and tenants by
mail within three hundred (300) feet of the property owned or leased
by the permit applicant upon or adjacent to which permission to park
is sought that a public hearing will be held. Such public hearing
shall be held within fourteen (14) days after notice of the appeal
has been filed. The Traffic Engineer shall transmit to the Board all
the papers constituting the record of the decision appealed. Upon
the hearing, any party may appear in person or by agent and the Board
shall hear all evidence presented by the appellant and property owners
and tenants within three hundred (300) feet of the applicant's property.
After reviewing the evidence presented, the Board shall take into
consideration the extent to which the following facts favorable to
the appellant have been established;
(1)
The parking of the prohibited vehicle will not be detrimental
to the public welfare or injurious to the neighborhood in which permission
to park is sought;
(2)
The appellant will suffer undue hardship if not allowed to park
such vehicle at the proposed location;
(3)
The proposed permit will not endanger the public safety; and
(4)
The proposed permit will not substantially diminish or impair
property values within the neighborhood.
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A concurring vote of a majority of the members of the Board
shall be necessary to reverse the decision of the Traffic Engineer.
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6.
Parking in enclosures. Prohibited vehicles may be
parked on any private property in residential areas when contained
in garages or other enclosures and not exposed to public view.
D.
Parking Of Other Than Prohibited Vehicles. The parking of
vehicles other than those herein declared as "prohibited vehicles" in residential areas shall continue to be and remain governed by
other Sections of this Chapter thereto pertaining.
