§ 19-194. Parking of certain vehicles prohibited on certain streets, and parking of certain motor vehicles prohibited on front lawns of residential zones.

(a)

It shall be unlawful for any person owning or having control of any oversized vehicle as defined in chapter 35 of this Code, to park the same in front of any lot or parcel used solely for a residential use (to include home occupations) within a special district, as defined in chapter 35 of this Code, or zoned FR, RD, or UD or upon any street within the following residential zoning districts: FR, R-3, R-4, R-5, R-6, R-20, RM-4, RM-5, RM-6, NP-8, NP-10, NP-15, MH, MF-25, MF-33, MF-40, MF-50, or residential PUD or other planned residential districts, according to the zoning provisions of the city (chapter 35) at all times. This section shall not apply to the parking of such vehicles for such time as is actually necessary to load or unload passengers, freight or merchandise.

(b)

No oversized vehicle of any type shall be parked at any time within the restricted parking area as defined in chapter 35 in any of the residential districts as listed in subsection (a) above, provided, however, this section shall not apply to the parking of such vehicles for such time as is actually necessary to load or unload passengers, freight or merchandise, or if the oversized vehicle bears a valid special handicapped parking permit as allowed in section 35-385 of this Code. In addition, an oversized vehicle, other than one that is also defined as a truck-tractor, road-tractor, semi-trailer, trailer or commercial motor vehicle with three (3) or more axles, may be parked within the restricted parking area for such time as is actually necessary for trip preparation as allowed in section 35-385 of this Code.

(c)

In this section, the terms truck-tractor, road-tractor, semitrailer, trailer, and commercial motor vehicle shall not mean nor include a recreational vehicle.

(d)

It shall be unlawful for any person owning or having control of a motor vehicle, water craft, non-motorized camper, or any trailer designed to be pulled by a motor vehicle and/or to carry a watercraft, camper or motor vehicle to park or allow same to be parked at any time in the side yard setback or front yard, as defined in chapter 35 of this Code, or in any area between the property line of the lot and the curb line or the edge of the adjacent street within any of the residential districts as listed in subsection (a); provided, however, that motor vehicles, watercrafts on trailers, campers and other trailers may be parked only on the side yard set back or front yard with all wheels on permanently maintained parking areas constructed of:

(1)

Gravel with barriers or permanent curbing to define the driveway;

(2)

Concrete;

(3)

Brick; or

(4)

Asphalt;

extending from the curb, street, or alley in a contiguous course, and only where such parking areas are no wider than the width established by subsection (e). Recreational vehicles may be parked in accordance with the provisions of section 35-385 for the purposes of trip preparation, however nothing in this subsection shall invalidate the provisions for oversized or recreational vehicles listed in this chapter or chapter 35 of this Code nor permit the parking of such vehicles in a manner inconsistent with subsection (b) or section 35-385.

(e)

The gravel, concrete, or asphalt parking area referred to in subsection (d) shall be no wider than fifty (50) percent of the average width of the lot, except in the following situations:

(1)

The vehicle is parked at a residential building which does not meet the minimum setback requirements as set out in chapter 35; or

(2)

The vehicle is parked at a residential building where the width of the lot is twenty-five (25) feet or less; or

(3)

The vehicle is parked at a residential building abutting a street which is curbless or which is less than thirty (30) feet wide.

(4)

The specific zoning for the lot sets a maximum for such widths.

(f)

The authority to enforce the provisions of this section shall be vested in the police department and with the code compliance department.

(g)

For purposes of this section, proof that the vehicle was, at the time of the offense alleged, owned by the person charged with the offense, shall constitute prima facie evidence that the vehicle was parked or left standing at the place charged by the owner; but the owner shall have the right to introduce evidence to show that the vehicle was not parked by him as charged in the complaint.

(h)

This section shall be enforced as prescribed in section 19-225 of this Code.

(Code 1959, § 38-89.5; Ord. No. 60150, § 1, 1-24-85; Ord. No. 72724, § 1, 11-29-90; Ord. No. 84874, § 1, 9-26-96; Ord. No. 85645, § 1, 2-20-97; Ord. No. 87147, § 2, 12-18-97; Ord. No. 90065, § 1, 7-1-99; Ord. No. 101564, § 1, 10-20-05)