§ 38-62. Parking commercial motor vehicles within 100 feet of streets in residential areas.

(a)

Findings of fact. The town commission does find as follows:

(1)

That the town commission has authority, pursuant to F.S. § 316.008, with respect to streets and highways under its jurisdiction and within the reasonable exercise of police power, to prohibit or regulate parking, to restrict the use of streets, and to prohibit or regulate the use of heavily traveled streets by any class or kind of traffic.

(2)

That the parking of commercial motor vehicles within 100 feet of a street or highway has a deleterious effect on the town in that it increases the likelihood of injury to persons and property, contributes to urban decay and urban blight, and otherwise constitutes an inefficient use of the natural resources and scenic beauty of the town.

(b)

Definitions. The following words and phrases, when used in this section, shall have the meanings respectively ascribed to them herein:

Commercial motor vehicle means a commercial motor vehicle as defined in F.S. § 316.003(66), as now existing and including, without limitation, a bulldozer, a grader, a semitractor with trailer, but specifically excluding;

(1)

Any vehicle used exclusively in the conduct of horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bee, pisiculture, any form of farming or farm production, or any other bona fide agricultural purpose that said commercial motor vehicle is parked on the land on which it is used for such purposes; and

(2)

Semitractors without a trailer; and

(3)

Any vehicle which weights less than 20,000 pounds, provided its width does not exceed 110 inches, and that its height does not exceed 130 inches, and that its length does not exceed 270 inches.

Park means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

Penalty; each day or fraction a separate offense. Any person who shall violate the provisions of this section, upon conviction, be subject to the penalties of section 1-10.

Prohibited activity means no person shall park any commercial vehicle on or within 100 feet of a street or highway within a residential area within the corporation limits of the town.

Residential area means all areas zoned for residential use, and all other areas lying within 200 feet of a residentially zoned area.

Street and highway mean the entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic or any area, such as a runway, taxiway, ramp, clear zone or parking lot, within the boundary of any airport owned by the state, a county, a municipality or a political subdivision, which area is used for vehicular traffic but which is not open for vehicular operation by the general public.

(Code 1982, § 12-13.1; Ord. No. 84-4, §§ 1—4, 1-14-1985)