§ 20-12. Commercial vehicle parking in residential districts.

(a) Prohibition. It shall be unlawful to park overnight or leave unattended during the day any commercial vehicle in a residential district of this city. This prohibition shall not include those commercial collecting or delivering persons or property in the normal course of business, any authorized emergency vehicle when operated in an official capacity, and shall also not include those commercial vehicles parking in accordance with the terms of subsection (b) below.

(b) Designated parking area. The city commission may designate a city parking lot that can be used for the overnight parking and weekend parking of commercial vehicles. The use of the designated parking lot for this purpose is confined to the following hours:

(1) From 6:00 p.m. on Friday until 7:00 a.m. the following Monday.

(2) On weeknights from 6:00 p.m. until 7:00 a.m. the following morning. The city assumes no liability for the safety of any vehicle or its contents parked under the terms of this section. No commercial vehicle shall be left unattended in the designated parking area beyond the hours set forth above.

(3) Upon application by the property owner, parking of a commercial vehicle on private property in a residential district may be approved by the board of appeals following the same public notice requirements provided in section 23-361 for approval of a special exception use. The board of appeals, after receiving a recommendation from the planning and zoning board, shall approve or disapprove the application. In considering any application for private parking of a commercial vehicle in a residential district, the board of appeals shall consider the nature of the neighborhood, duration of the parking use, and the complaints or concerns of the surrounding residents. In approving the application, the board of appeals may attach such terms as it deems necessary to address the concerns of the surrounding residents. The board of appeals may revoke any approval given under this subsection at any time upon a finding by the code enforcement board that the terms of such approval have been violated. Fees required by section 23-320 for review of a special exception use shall apply to applications for commercial parking in a residential district except that applications on file with the city clerk before February 1, 2003 shall be exempt from such fees.

(c) Penalties.

(1) First through fourth violation in a twelve-month period. A violation of the commercial vehicle parking regulations contained in this section shall be subject to a fine in the amount of twenty-five dollars ($25.00) for the first through fourth violation in a twelve-month period if paid within ten (10) days from the date a notice of the violation is placed upon the vehicle by a code enforcement, law enforcement or parking enforcement specialist. The violation shall be subject to a fine of fifty dollars ($50.00) if paid more than ten (10) days after the time when such notice was attached to the vehicle, but not later than thirty (30) days following the attachment of the notice. If the owner, operator, or person chooses to contest the notice of violation, the owner, operator, or person must contact the clerk of the county court within the thirty-day period and request a court hearing. If the owner, operator, or person fails to pay the fine or contact the clerk within the thirty-day period, the police department is hereby authorized to deliver the violation to the clerk of the county court for formal prosecution. The notice shall contain directions as to the procedure for paying the fine or obtaining a hearing.

(2) In excess of four (4) violations in a twelve-month period. A violation of the commercial vehicle parking regulations contained in this section shall be subject to a fine in the amount of fifty dollars ($50.00) for each violation in excess of four (4) violations in a twelve-month period if paid within ten (10) days from the date a notice of the violation is placed upon the vehicle by a code enforcement, law enforcement or parking enforcement specialist. The violation shall be subject to a fine of one hundred dollars ($100.00) if paid more than ten (10) days after the time when such notice was attached to the vehicle, but not later than thirty (30) days following the attachment of the notice. If the owner, operator, or person chooses to contest the notice of violation, the owner, operator, or person must contact the clerk of the county court within the thirty-day period and request a court hearing. If the owner, operator, or person fails to pay the fine or contact the clerk within the thirty-day period, the police department is hereby authorized to deliver the violation to the clerk of the county court for formal prosecution. The notice shall contain directions as to the procedure for paying the fine or obtaining a hearing.

(d) Waiver of fine. Any fine that may be assessed in the enforcement of the provisions of this section may be waived for extraordinary or extenuating circumstances as determined by the chief of police or his or her designee. A copy of the notice of violation and a written explanation of the reason for the waiver shall be filed with the official records of the city clerk within twenty-four (24) hours after granting the waiver.

(e) Code enforcement. Any person being the owner, lessee, manager, custodian or person in charge of real property violating the requirements of this section shall be subject to the code enforcement procedures and penalties in accordance with Chapter 12 of this Code.

(Ord. No. 2005-21, § 1, 6-21-05)