Amending Chapter 20 Restricted Parking of Trucks

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ORDINANCE 6838 -80 AN ORDINANCE AMENDING CHAPTER 20 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION OF NEW ARTICLE 11 ENTITLED RESTRICTED PARKING OF TRUCKS HAVING MORE THAN ELEVEN THOUSAND (11,000) POUNDS DECLARED GROSS VEHICLE WEIGHT. STATEMENT OF PURPOSE AND INTENT: The Common Council recognizes that the protection of its citizens from potential traffic hazards is in the public interest. The Council believes that trucks having more than 11,000 pounds gross vehicle weight which are parked on residential streets within the City, create a potential traffic hazard by obstructing the view of both pedestrians and drivers. Therefore, in the interest of enhancing our public safety regulations within residential neighborhoods, the following bill is introduced. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, that new Article 11 of the Municipal Code shall read in its entirety as follows: ARTICLE 11. Restricted Parking of Trucks having more than eleven thousand (11,000) pounds declared Gross Vehicle Weight. SEC. 20 -117 Definition. When used in this Article: (a) TRUCK shall be defined as a motor vehicle designed, used, or maintained primarily for the transportation of property whose declared gross vehicle weight when empty exceeds eleven thousand (11,000) pounds. SEC. 20 -118 Restricted Parking of Trucks having a declared Gross Vehicle Weight Exceeding Eleven Thousand (11,000) Pounds. (a) No person shall ;park a truck as heretofore defined on any street next to an area zoned "A" or "A -1" Residence Districts, "A -211 , "A -3" Planned Residential Districts, or "B" or "B -1" Residence Dis- tricts except for the purpose of loading, unloading, servicing, or then involved in the repair or construction of a residence. Such trucks shall be allowed to park on such residential streets when being used in connection with servicing a public utility. (b). All such trucks may be parked in a carport, private garage, or driveway unless otherwise restricted by the zoning code. (c) All trucks regardless of declared gross vehicle weight which are used for picking up trash on a commercial basis are strictly prohibited from parking on any residential street except for the pur- pose of loading. SEC. 20 -119 Penalties. Any truck which is found illegally parked on any residential street as heretofore defined shall be fined fifty dollars ($5Q.00) for the first offense and shall be subject to a one hundred dollar ($100.00) fine for all subsequent offenses. SECTION II. This ordinance from an after its passage by the South Bend, Indiana, approval by shall be in full force and effect Common Council of the City of the Ma r, and legal publication. Member o the Co on Concil Passed, as amended, October 13, 1980