Chapter 10.13
PARKING OF COMMERCIAL VEHICLES
Sections:
10.13.020 Parking of commercial vehicles prohibited.
10.13.060 Violation – Penalty.
10.13.010 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context for meaning clearly indicates otherwise:
(1) “Bus” means every motor vehicle designed for carrying more than 15 passengers and used for transportation of persons, except a private carrier bus.
(2) “Commercial vehicle” means any vehicle the principal use of which is the transportation of commodities, wood chips, refuse, merchandise, produce, freight, animals, or passengers for hire, or commercial equipment such as bulldozers, cranes and similar construction equipment.
(3) “Motor truck” means any motor vehicle designed or used for the transportation of commodities, merchandise, produce, freight, or animals, but does not include a pickup or light truck 10,000 pounds gross weight or less primarily used for transportation purposes.
(4) “Private carrier bus” means every motor vehicle designed for the purpose of carrying passengers used regularly to transport persons in furtherance of any organized agricultural, religious or charitable purpose.
(5) “Semitrailer” includes every vehicle without motive power designed to be drawn by a vehicle, motor vehicle, or truck tractor and so constructed that an appreciable part of its weight and that of its load rests upon and is carried by such other vehicle, motor vehicle, or truck tractor.
(6) “Trailer” includes every vehicle without motive power designed for being drawn by or used in conjunction with a motor vehicle constructed so that no appreciable part of its weight rests upon or is carried by such motor vehicle, but does not include a municipal transit vehicle or recreational vehicle.
(7) “Tractor” means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
(8) “Truck tractor” means every motor vehicle designed and used primarily for drawing other vehicles but so constructed as to permit carrying a load in addition to part of the weight of the vehicle and load so drawn. (Ord. 1862 § 2, 2002).
10.13.020 Parking of commercial vehicles prohibited.
It shall be unlawful for any person to park, store, or keep any commercial vehicle over 10,000 pounds gross vehicle weight, bus, motor truck, semitrailer, trailer, tractor, or truck tractor on any private property in a residential or mixed-use zone, or on any public street, avenue, alley, or other thoroughfare, or any right-of-way in any residential or mixed-use zone in the city of Port Orchard for a period in excess of 72 hours. (Ord. 1862 § 3, 2002).
10.13.030 Exemptions.
The restrictions of POMC 10.13.020 and 10.13.050 shall not apply to:
(1) The temporary parking of such vehicles or equipment on private property, or on a public street, avenue, alley, or other public thoroughfare adjacent to said property in a residential or mixed-use zone, whereon construction is underway, for which a current and valid building permit has been issued by the city of Port Orchard and said permit is properly displayed on the premises; or whereon construction not requiring a building permit (e.g., landscaping) is underway and for which the city has not issued a temporary parking permit.
(2) Vehicles, whether or not operative, which are stored or kept entirely within a garage or accessory building which meets all applicable laws and codes of the city of Port Orchard.
(3) Recreational or utility vehicles defined as travel trailers, folding tent trailers, motor homes, truck campers, horse trailers, boat trailers, lawn mowers and utility trailers. (Ord. 1862 § 4, 2002).
10.13.040 Nonconforming uses.
(1) Vehicles parked, stored or kept on residential or mixed-use zoned property on the date of adoption of the ordinance codified in this chapter, which do not conform to the specific provisions of this chapter, shall be deemed to be legal nonconforming uses which are exempt from the provisions of this chapter only on the following conditions:
(a) The vehicle was lawfully on the property in full compliance with all codes, which were then applicable; and
(b) The vehicle does not endanger the public health, safety, or welfare.
(2) The nonconforming use may continue for a period of 120 days from the date of adoption of the ordinance codified in this chapter. At the expiration of the 120-day period, the owner shall at their expense either remove the vehicles or otherwise bring them into compliance with the requirements and standards of this chapter. (Ord. 017-23 § 1 (Exh. A); Ord. 1862 § 5, 2002).
10.13.050 Chain parking.
It shall be unlawful for any person to move and repark a parked bus, motor truck, semitrailer, trailer, tractor, or truck tractor, or any commercial vehicle over 10,000 pounds gross vehicle weight within two blocks of the original parking space in order to avoid a parking time limit regulation. For purposes of this section, a block shall be defined as a city street or alley section located between consecutive intersections. (Ord. 1862 § 6, 2002).
10.13.060 Violation – Penalty.
Violation of any of the provisions of this chapter constitutes a civil infraction not to exceed $250.00 per day per violation. (Ord. 1862 § 7, 2002).