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ORD NO 17-2013 CITY OF VAN BUREN, ARKANSAS ORDINANCE NO 2013 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS, AN ORDINANCE TO BE ENTITLED: AN ORDINANCE TO AMEND ORDINANCE NO. 04 -2013 FOR THE PURPOSE OF REGULATING THE PARKING OF COMMERICAL VEHICLES ON RESIDENTIAL STREETS AND PROPERTIES; AND FOR OTHER PURPOSES. WHEREAS, the City Council adopted Ordinance 04 -2013 for the purpose of preventing certain vehicles 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; and WHEREAS, upon review of the Ordinance certain modifications are appropriate and necessary for the health, safety and welfare of the citizens of Van Buren. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT: SECTION 1: Section 8.28.08, Commercial Vehicles, of Van Buren Municipal Code is amended as follows: B. Definitions 1. 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; 2. Any vehicle with three or more axles; 3. Any commercial vehicle that has a gross vehicle weight rating (GVWR) greater than 16,000 pounds; or 4. 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. 5. Any vehicle designed to transport sixteen (16) or more passengers including the driver. C. Exceptions The provisions of this section shall not apply to 1. Any commercial vehicle while making normal deliveries or being used to perform the special operations for which it is designed. 2. Any permitted use in Residential Zones other than residential dwellings may park on their property commercial vehicles utilized to transport more than sixteen (16) persons, so long as said commercial vehicles are being used to effectuate the purposes of the permitted use and not merely as parking. 3. Farming equipment used for farming purposes on a general purpose farm, garden or nursery. SECTION 2: 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 (p for and against the foregoing Ordinance at its regular meeting held on 16 of December 2013. Robert D. Fr:-man Mayor ATTESTED: RO 1 4 FORM: V300 I I I L.- Barbie Curtis ".urn Settle City Clerk/Treasurer City Attorney