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ORD NO 04-2013 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO. 4 2013 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO PROVIDE REGULATIONS FOR THE PARKING OF COMMERICAL VEI- IICLES ON RESIDENTIAL STREETS AND PROPERTIES; AND FOR OTHER PURPOSES. WHEREAS, the City Council has determined that it is in the best interests of the citizens of the City of Van Buren, Arkansas that certain commercial vehicles be prevented from parking on residential streets except in the normal course of deliveries or other special operations, to prevent excessive damage to roadways, to prevent dangers to drivers resulting from blocked streets, and for other reasons. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: Restricted Parking. It shall he unlawful to park or leave parked, standing, or unattended any commercial vehicle on any street or right-of-way classified as residential or as a residential collector or on any property zoned residential or developed or utilized for residential purposes. SECTION 2: Commercial Vehicles Defined. (a) Any solid waste collection vehicle, truck tractor, truck trailer, or tractor truck/trailer combination, any heavy construction equipment, dump truck, concrete mixer truck, garbage truck, pump -out truck, chemical /gasoline truck, fuel or oil truck, or similar vehicle designed to transport waste, hazardous, or noxious materials; (b) Any vehicle with three or more axles; (c) Any commercial vehicle that has a gross vehicle weight rating (GVWR) greater than 16,000 pounds; or (d) Any box or straight truck that has a gross vehicle weight rating (GVWR) greater than 10,000 pounds. A box or straight truck is one that has a high cubic feet of storage volume with a box or storage container built onto the chassis typically used for hauling appliances, furniture or other cargo. Familiar terms used to describe box or straight trucks include cargo trucks, container trucks and moving trucks. SECTION 3: Exceptions. The provisions of this section shall not apply to any commercial vehicle while making normal deliveries or being used to perform the special operations for which it is designed. SECTION 4: Penalties. Violations of the provisions of this ordinance will be subject to fines of no more than Two Hundred Fifty Dollars ($250.00). Each occurrence constitutes a separate violation of this ordinance. SECTION 5: Severability. The various provisions and parts of this Ordinance are hereby declared to be severable, and if any section or part of a section, or any provision or part of a provision herein, is declared to be unconstitutional, inappropriate, or invalid by any court of competent jurisdiction, such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the provisions hereto are declared to be severable. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of for and 0 agai st the foregoing Ordinance at its regular meeting held on 17 of June 2013. 4 Ro ert D. F Mayor ATTESTED: L 1D AS i IZM: we g LAn ,ms a Barbie Curtis Candice A. Settle City Clerk /Treasurer City Attorney