§ 10.32.070. Parking of oversize vehicles on public streets or highways.

A.

Definitions. As used in this section, the following terms shall have the meanings and definitions as follows:

"Bus" means a motor vehicle used to transport persons and designed to accommodate more than 12 passengers, including the operator.

"Motor vehicle" means a vehicle that is self-propelled.

"Owner" means a person who:

1.

Is registered as the registered owner holding legal title of a vehicle; or

2.

Has the legal right of possession of a vehicle; or

3.

Has the legal right of control of a vehicle.

"Public highway" when used in this section includes and means any highway, street, road, right-of-way, avenue, lane, alley, public way, bridge, viaduct, tunnel, public place, underpass, overpass and causeway in the city, dedicated or devoted to public use.

"Public street" when-use in this section includes and means any street, highway, road, right-of-way, avenue, lane, alley, public way, bridge, viaduct, tunnel, public place, underpass, overpass and causeway in the city, dedicated or devoted to public use.

"Recreational vehicle" means one that is commonly known as an RV vehicle which is a motor home which is a self-contained vehicle, designed for human habitation, and with its own motive power.

"Semi-trailer" means a vehicle without motive power that is designed, or used with a motor vehicle, so some of its weight and the weight of its load rests on or is carried by the motor vehicle.

"Trailer with a length of more than 12 feet" means a vehicle with a length of more than 12 feet and is without motive power that is:

1.

Designed or used to carry property and/or passengers on its own structure exclusively; and

2.

Drawn by a motor vehicle.

"Truck-tractor" means a motor vehicle:

1.

Designed and use primarily to draw another vehicle; but

2.

Not constructed to carry a load other than a part of the weight of the other vehicle and its load.

"Truck-tractor and semi-trailer" means truck-tractor and semi-trailer as a combination of a truck-tractor and semi-trailer.

"Vehicle" means a device in, on, or by which a person and/or property is or may be transported or drawn on a public street or public highway. The term includes a motor vehicle, bus, recreational vehicle, truck-tractor, semi-trailer truck-tractor and semi-trailer, or a trailer with a length of more than 12 feet.

B.

Parking Within the City. It is unlawful for any person or any owner to park, leave or stand a bus, recreational vehicle, truck-tractor, semi-trailer, truck-tractor and semi-trailer, or trailer with a length of more than 12 feet upon any public street or public highway within the city. This shall not prevent the parking or standing of the above-described vehicles within the city for the purpose of expeditiously loading and unloading passengers, freight or merchandise, but not otherwise.

C.

Exceptions. The following vehicles are exempt from the terms of this section while engaged in the listed activity:

1.

Emergency vehicles (as defined by state law) responding to or from, or at the scene of, an emergency call;

2.

Vehicles being used to provide any municipal service such as the installation, repair or maintenance of any public street, asset or property, collection of garbage, groundskeeping, etc.; and

3.

Vehicles being used to install, repair or maintain any public service or utility such as telephone, electric, cable television, gas, water or sewer line.

D.

Enforcement. The chief of police and members of the police department, both regular and reserve officers, are empowered to enforce this section.

E.

Towing and Removal. Any bus, recreational vehicle, truck-tractor, semi-trailer, truck-tractor and semi-trailer, or trailer more than 12 feet in length which shall be or remain standing or parked upon any public street or public highway within the city, in violation of this section, and the owner or driver of such vehicle has been given previous notice or citation for parking such vehicle in violation of this section, may be removed by or upon an order by a police officer. The owner of such vehicle shall be responsible for the payment of any fees incurred for the towing and/or storage of said vehicle.

F.

Parking on Private Property. It is unlawful to park any bus, recreational vehicle, regulated vehicle such as a truck-tractor, semi-trailer, truck-tractor and semi-trailer, or trailer more than 12 feet in length, on any private property without the consent of the owner of the property and, as applicable, without obtaining a special use permit as required and detailed in sections 10.44.010 and 17.20.020 of this Code.

G.

Penalties. Any person convicted of violating any provision of this section shall be guilty of a misdemeanor and shall be subject to a fine in an amount not to exceed $500.00.

H.

Prima Facie Evidence. In any prosecution charging a violation of this section governing the standing or parking of a bus, recreational vehicle, truck-tractor, semi-trailer, truck-tractor and semi-trailer, or trailer more than 12 feet in length, proof that the particular bus, recreational vehicle, truck-tractor, semi-trailer, truck-tractor and semi-trailer, or trailer more than 12 feet in length, described in the complaint was parked in violation of this section, together with proof that the defendant named in the complaint was, at the time of such parking, the owner of such vehicle, shall constitute in evidence a prima facie presumption that the owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred.

( Ord. No. 2015-03 , § 2, 6-9-2015; Ord. 2000-17 §§ 1—8)