2171THIS ORDINANCE WAS INTRODUCED ON THREE READINGS BUT
FAILED ON THE FINAL READING
ORDINANCE NO. 2171
COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING CHAPTER 5 OF THE MUNICIPAL CODE OF THE CITY
OF BLAIR, NEBRASKA, BY ADDING PROVISIONS RESTRICTING TRUCK TRAVEL
AND TRUCK PARKING IN THE CITY OF BLAIR AND BY ADDING SECTION 5 -229 TO
THE VIOLATIONS BUREAU AND BY AMENDING THE ADDENDUM OF THE CODE
VIOLATIONS BUREAU FEE SCHEDULE, AND BY AMENDING SECTIONS 5 -409, 5 -703
AND 5 -705, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN
FULL FORCE AND EFFECT AND PROVIDING FOR PUBLICATION OF THIS
ORDINANCE IN PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. Chapter 5 of the Municipal Code of the City of Blair, Nebraska is hereby
amended by adding Section 5 -229 which shall restrict truck travel and truck parking in the City
of Blair and by adding this new Ordinance to the Violations Bureau for the City of Blair
Nebraska and by amending the Addendum of the Code Violations Bureau Fee Schedule and by
amending Sections 5 -409, 5 -703 and 5 -705 to bring those Ordinances into compliance with this
new Ordinance. See Exhibit "A" attached hereto and fully incorporated herein by reference.
SECTION 2. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3. Those ordinances shall be in force and effect from and after passage,
approval and publication as provided by law.
PASSED AND APPROVED this day of , 2009.
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) SS
COUNTY OF WASHINGTON )
CITY OF BLAIR, NEBRASKA
JAMES E. REALPH, MAYOR
BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting
City Clerk of the City of Blair, Nebraska and that the above and foregoing Ordinance was passed
at a regular meeting of the Mayor and City Council of said City held on the day of
, 2009.
BRENDA R. WHEELER, CITY CLERK
Exhibit "A"
SECTION 5 -229 RESTRICTIONS ON TRUCK TRAVEL AND TRUCK PARKING;
WEIGHT AND SIZE LIMITS; PERMITS. (Penalties refer to Sections 5 -703 and 5 -705 or
The Addendum to the Code Violations Bureau Fee Schedule).
1 Definitions. For the purposes of this Ordinance, the following definitions shall
apply unless the context clearly indicates or requires a different meaning.
(A) Commercial Street. All streets located within or adjacent to any type of
commercial or industrial zoned district within the jurisdiction of the City
of Blair.
(B) Exempt Vehicle. A vehicle exempted from the provisions of this section
as described Section (2) of this Ordinance.
(C) Parked on Recurring Basis or Recurring Parking. Parking at the same
premises more than four times in the same calender year.
(D) Residential Street. Any street within the city that is not a commercial
street.
(E) Total Vehicle Weight. The weight of the vehicle, including any load or
cargo thereon.
(F) Neighboring Landowners. Shall mean property owners located within or
without the corporate limits of the City of Blair located within 200 feet of
boundaries of the property upon which the vehicle in question is to be
parked.
(G) Premises. Shall mean the residential dwelling and lot wherein the person
seeking the special recurring parking permit resides.
Section 2. General Weight and Size Limitations for Vehicles,. No vehicle of a total
vehicle weight in excess of six tons or that is longer than 20 feet or that is in excess of ten feet in
height shall be operated or parked on any of the streets of the City of Blair without a permit to do
so as hereinafter provided in this Ordinance; provided that the following vehicles shall be
exempt:
(A) Vehicles while being operated on a commercial street of the City of Blair.
(B) Public service vehicles, including fire, rescue and other emergency
vehicles, public transportation vehicles and City of Blair repair vehicles.
(C) Any vehicle carrying a load destined for a point of delivery within the city
limits of the City of Blair, vehicles parked while unloading at such point
of delivery within the city and vehicles making return trip after having
immediately made or attempted such a delivery at a point within the city.
(D) Motor homes and other personal use vehicles solely for noncommercial
purposes while being driven to or from the home premises of the owner or
lessee of the vehicle for purposes of storage on such premises.
Section 3 Special Permits for Residential Area Travel.
(A) Any vehicle with a total vehicle weight in excess of six tons but not more
than ten tons or in excess of 20 feet in length or in excess of ten feet in
height and not falling within one of the exceptions contained in Section (2)
above may only be allowed to travel on residential streets of the City of
Blair for a limited purpose and duration; provided that the operator or
owner thereof must upon written application first obtain from the Chief of
Police of the City of Blair, a permit to operate said vehicle for said limited
purpose and duration on a specified street or streets the City of Blair. The
Chief of Police is authorized to issue a special permit on either a recurring
or nonrecurring basis for the purposes and in the manner hereinafter
provided.
(B) The Chief shall approve the route over City of Blair residential streets that
any nonexempt vehicle shall use, which route shall generally be the most
direct route between the nearest commercial street and the permitted
address within a residential area. The operation of any nonexempt vehicle
which the exceeds weight or size limitations herein prescribed on any
residential street not approved by the Chief of Police shall be a violation
hereof.
Section 4 Special Recurring Parking Permit on Premises (Essential
Vehicle). If the vehicle is proposed to be parked on a premises in a residential zoning district on
a recurring basis, a special recurring parking permit may be issued, subject to Section (10) of this
Ordinance, if all the following conditions are met:
(A) The premises upon which the vehicle is to be parked must be the principal
residence of the owner or lessee of the vehicle and the vehicle must be
used in the principal trade or business of a person who physically reside at
the premises.
(B) The - permit fee for vehicles weighing more than six tons but not more than
ten tons shall be $200.00 per permit. Said fee shall be payable at the time
of issuance of the permit and at the time of each renewal thereof. No
COUNCIL MEMBER INTRODUCED THE FOLLOWING
ORDINANCE:
AN ORDINANCE AMENDING CHAPTER 5 OF THE MUNICIPAL CODE OF THE CITY
OF BLAIR, NEBRASKA, BY ADDING PROVISIONS RESTRICTING TRUCK TRAVEL
AND TRUCK PARKING IN THE CITY OF BLAIR AND BY ADDING SECTION 5 -229 TO
THE VIOLATIONS BUREAU AND BY AMENDING THE ADDENDUM OF THE CODE
VIOLATIONS BUREAU FEE SCHEDULE, AND BY AMENDING SECTIONS 5 -406, 5-
703 AND 5 -705, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN
FULL FORCE AND EFFECT AND PROVIDING FOR PUBLICATION OF THIS
ORDINANCE BY PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. Chapter 5 of the Municipal Code of the City of Blair, Nebraska is
hereby amended by adding Section 5 -229 which shall restrict truck travel and truck
parking in the City of Blair and by adding this new Ordinance to the Violations Bureau
for the City of Blair Nebraska and by amending the Addendum of the Code Violations
Bureau Fee Schedule and by amending Sections 5 -406, 5 -703 and 5 -705 to bring those
Ordinances into compliance with this new Ordinance. See Exhibit "A" attached hereto
and fully incorporated herein by reference.
SECTION 2. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3. Those ordinances shall be in force and effect from and after
passage, approval and publication as provided by law.
2009.
ORDINANCE NO.
PASSED AND APPROVED this day of
7Ne cc\ ((lei
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) SS
COUNTY OF WASHINGTON )
CITY OF BLAIR, NEBRASKA
JAMES E. REALPH, MAYOR
BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified
and acting City Clerk of the City of Blair, Nebraska and that the above and foregoing
Ordinance was passed at a regular meeting of the Mayor and City Council of said City
held on the day of , 2009.
BRENDA R. WHEELER, CITY CLERK
Exhibit "A"
SECTION 5 -229 RESTRICTIONS ON TRUCK TRAVEL AND TRUCK PARKING;
WEIGHT AND SIZE LIMITS. (Penalties refer to Sections 5 -703 and 5 -705 or The
Addendum to the Code Violations Bureau Fee Schedule).
Section 1 Definitions. For the purposes of this Ordinance, the following
definitions shall apply unless the context clearly indicates or requires a different
meaning.
(A) Commercial Street. All streets located within or adjacent to any
type of commercial or industrial zoned area within the jurisdiction of
the City of Blair.
(B) Exempt Vehicle. A vehicle exempted from the provisions of this
Ordinance as described Section (2) of this Ordinance.
(C) Residential Street. Any street within the City of Blair that is not a
commercial street.
(D) Total Vehicle Weight. The weight of the vehicle, including any
load or cargo thereon.
(E) Total Vehicle Length. The length of the vehicle from the front
most point of the vehicle to the rear most point of the vehicle.
Section 2. General Weight and Size Limitations for Vehicles and
Exemptions. No vehicle of a total vehicle weight in excess of six tons or that has a
total length longer than 20 feet or that is in excess of ten feet in height shall be operated
or parked on any of the streets or private property of a residential zoned area in the City
of Blair on or after January 1, 2010; provided that the following vehicles shall be
exempt:
(A) Vehicles while being operated on a commercial street of the City of
Blair.
(B) Public service vehicles, including fire, rescue and other emergency
vehicles, public transportation vehicles and City of Blair repair
vehicles.
(C) Any vehicle carrying a load destined for a point of delivery within
the city limits of the City of Blair, vehicles parked while unloading at
-3-
such point of delivery within the city limits and vehicles making a
return trip after having immediately made or attempted such a
delivery at a point within the city limits of the City of Blair.
(D) Motor homes and other personal use vehicles solely for
noncommercial purposes while being driven to or from the home
premises of the owner or lessee of the vehicle for purposes of
storage on such premises.
Section 3 Penalty. Any person who operates a vehicle on a residential street
in the City of Blair in violation of the provisions of this section shall be guilty of a Class Ill
Misdemeanor and shall be subject to a penalty as provided by Sections 5 -703, 5 -705
and the Violations Bureau. Said penalty under this Ordinance shall be set and
determined from time to time as necessary by the Mayor and City Council, and said
fees shall be appended to the Municipal Code as part of an appendix titled "Addendum
of Code Violations Bureau Fee Schedule," and shall be on file at the office of the City
Clerk and available for public inspection during regular office hours of the said Municipal
Clerk and is hereby amended as follows by adding Section 5 -229, as indicated.
Sec. 5 -406 TRUCK PARKING. It shall be unlawful for the driver of any truck having a rated
capacity of over one (1) ton to park or permit it to stand, whether attended or unattended, upon
Washington Street from the east line of 19th Street to the west line of 14th Street or on 17th
Street from the north line of Lincoln Street to the south line of Front Street or on 16th Street
from the north line of Lincoln Street to the south line of Front Street between the hours of eight
(8:00) o'clock A.M. and six (6:00) o'clock P.M. Further, no truck or motor vehicle transporting a
cargo which contains explosives or gasoline or other combustible liquid or natural or artificial
gas in containers under pressure shall be parked or left standing on any street or alley or within
the fire limits of the fire district of the City except to load or unload its cargo, and in no event for
longer than thirty (30) minutes, unless written permission to do so has been obtained from the
Chief of Police. (Penalties refer to Sections 5 -701 through 5 -705 or Addendum to Code
Violations Bureau Fee Schedule).
Sec. 5 -703 VIOLATIONS BUREAU; CITATION. A Violations Bureau for the City
of Blair is hereby created pursuant to Section 18 -1729 Neb. RRS. 1943, for the purpose of
collecting penalties for city code violations. Any person accused of a violation as established by
Sections 5 -226, 5 -229, 5 -402, 5 -404 through 5 -408, 5- 410.01, 5 -411, 5 -501, 5- 501.01 and 5 -615,
may within ten (10) days after the date of issuance of the citation of the violation and before the
appearance date thereon, dispose of the citation by appearing at the office of the City Clerk of the
City of Blair and remitting full payment of the penalty assessed for the specified violation. Any
person may plead not guilty to the citation, he or she may appear before the County Court of
Washington County, Nebraska, on the date and at the time specified on the citation. At the time
of the commission of the alleged violation, the accused shall be served with printed notice
informing the accused of his or her options in disposing of the citation as noted hereinbefore. If
the accused fails to appear at the office of the City Clerk of the City of Blair or before the County
Court of Washington County, Nebraska, on or before the date specified on the citation, a warrant
for his or her arrest shall be issued by the County Court of Washington County, Nebraska.
Sec. 5 -705 PENALTIES. Any person, firm, association, or corporation violating any of
the provisions of this Article, Sections 5 -615 or 5 -229 shall be deemed guilty of a misdemeanor
and upon conviction shall be fined the sum of fifty dollars ($50.00).
recurring parking permit shall be issued for any vehicle that while being
driven on a residential street of the City of Blair will have a total vehicle
weight exceeding ten tons.
(C) A vehicle for which a special recurring parking permit is issued and which
is licensed for a gross weight of ten tons or more must have an empty
vehicle weight of less than ten tons and shall be without any load or cargo
while being operated on a residential street or parked in a residential area
of the City of Blair.
(D) The Chief of Police shall require that the person seeking the special
recurring parking permit file with the Police Department approval in
writing signed by the owners seventy five percent (75 %) of the total area
excepting public streets and ways, located within or without the corporate
limits of the City of Blair and located within 200 feet of boundaries of the
property on which the vehicle is to be parked. Such approval shall state
that the neighboring landowners have no objection to the regular and
recurring parking of said vehicle at the proposed permitted address. As
used herein, the term "neighboring landowners" shall mean owners of
property within 200 feet of the residential property on which the vehicle is
to be parked. The person seeking the special recurring parking permit
shall be responsible for obtaining and filing the necessary written
approvals from neighboring landowners.
(E) The permit to be issued and exercise of any rights thereunder shall not be
in conflict with the provisions of or be prohibited by any statute, ordinance
or zoning regulation applicable to the premises or any restrictive or
protective covenants or other property restrictions of record applicable to
the premises.
(F) All initial special recurring parking permits issued under this Ordinance
shall be issued for a period of time up to December 31 2010. All special
recurring parking permit renewal applications must be submitted to the
office of the City of Blair Police on or before January 1 of the year in
which the special recurring permit is requested and said renewal permits
shall be valid for a period of 24 months. Any renewal permit not filed by
the deadline shall lapse.
(G) Any special recurring parking permit that lapses for any reason shall not
be renewed after January 1, 2010.
(H) Any special recurring parking permit that is issued but which does not
meet all of the foregoing conditions shall be revoked immediately.
Section 5 Permit for Nonrecurring Parking. Parking of a vehicle as described in Section
2 above that does not occur more often than four times per calendar year for a period of time not
exceeding eight hours each occurrence shall not be considered to be parking on recurring basis.
The Police Chief may issue up to four single trip permits per year per vehicle for specified dates,
not to exceed 72 hours each, within each calendar year without imposing the permit fee
prescribed in § 4 above.
Section 6 Display of Permit. All permits shall be conspicuously displayed on
the vehicle during such time as it shall be in the city in the manner and in the location on the
vehicle as may be designated by the Chief of Police.
Section 7 Replacement Vehicle. The holder of a permit for recurring parking
may substitute a vehicle purchased in placement of the originally permitted vehicle, provided
such replacement vehicle does not exceed the weight or size of the originally permitted vehicle
and within ten days after purchase of the replacement vehicle, the permit holder presents proof of
replacement purchase to the Chief of Police who shall thereupon cause notation of replacement
to be made upon the permit.
Section 8 Limited to One Vehicle. No more than one vehicle may be covered
by a permit. No more than one permit may be issued for the same premises.
Section 9 Parking on Streets. The provision of this section shall not be
construed to authorize the parking of any vehicle on any public street in violation of the City of
Blair Ordinances.
Section 10 No Special Recurring Parking Permits Shall Be Issued After January 1, 2010.
No new special recurring parking permits shall be issued after January 1, 2010. The provisions
of this ordinance regarding permits shall apply only to the renewal of special recurring parking
permits that were originally issued on or before January 1, 2010. The period of eligibility for
special permits for recurring parking shall expire on January 1, 2010, and no new special permit
for such purposes shall be issued thereafter. Nothing in this section shall be construed as
prohibiting or limiting the Chief of Police's authority to renew permits issued on or before
January 1, 2010, as indicated in this Ordinance.
Section 11 No Property Right Created. No permit issued pursuant hereto shall create or
vest any right to renewal thereof or to a continuation of the permitted activity beyond the term of
the permit in accordance with this Ordinance.
Section 12 Penalty. Any person who operates a vehicle on a residential street in the City
of Blair in violation of the provisions of this section shall be guilty of a Class III Misdemeanor
and shall be subject to a penalty as provided by Sections 5 -703, 5 -705 and the Violations Bureau.
Said penalty under this Ordinance shall be set and determined from time to time as necessary by
the Mayor and City Council, and said fees shall appended to the Municipal Code as part of an
appendix titled "Addendum of Code Violations Bureau Fee Schedule," and shall be on file at the
office of the City Clerk and available for public inspection during regular office hours of the said
Municipal Clerk and is hereby amended as follows by adding Section 5 -229, as indicated.
Section 13 Suspension/Revocation of Permit. Any person holding a Special Recurring
Parking Permit who violates the provisions of such permit or of this section shall be subject to
-6-
suspension of his/her permit for a period not to exceed 30 days for the second violation occurring
anytime after the effective date hereof and shall be subject to revocation for a third violation
occurring anytime after the effective date hereof.
Sec. 5 -406 TRUCK PARKING. It shall be unlawful for the driver of any truck having a rated
capacity of over one (1) ton to park or permit it to stand, whether attended or unattended, upon
Washington Street from the east line of 19th Street to the west line of 14th Street or on 17th
Street from the north line of Lincoln Street to the south line of Front Street or on 16th Street
from the north line of Lincoln Street to the south line of Front Street between the hours of eight
(8:00) o'clock A.M. and six (6:00) o'clock P.M. Further, no truck or motor vehicle transporting a
cargo which contains explosives or gasoline or other combustible liquid or natural or artificial
gas in containers under pressure shall be parked or left standing on any street or alley or within
the fire limits of the fire district of the City except to load or unload its cargo, and in no event for
longer than thirty (3 0) minutes, unless written permission to do so has been obtained from the
Chief of Police. (Penalties refer to Sections 5 -701 through 5 -705 or Addendum to Code
Violations Bureau Fee Schedule).
Sec. 5 -703 VIOLATIONS BUREAU; CITATION. A Violations Bureau for the City
of Blair is hereby created pursuant to Section 18 -1729 Neb. RRS. 1943, for the purpose of
collecting penalties for city code violations. Any person accused of a violation as established by
Sections 5 -226, 5 -229, 5 -402, 5 -404 through 5 -408, 5- 410.01, 5 -411, 5 -501, 5- 501.01 and 5 -615,
may within ten (10) days after the date of issuance of the citation of the violation and before the
appearance date thereon, dispose of the citation by appearing at the office of the City Clerk of the
City of Blair and remitting full payment of the penalty assessed for the specified violation. Any
person may plead not guilty to the citation, he or she may appear before the County Court of
Washington County, Nebraska, on the date and at the time specified on the citation. At the time
of the commission of the alleged violation, the accused shall be served with printed notice
informing the accused of his or her options in disposing of the citation as noted hereinbefore. If
the accused fails to appear at the office of the City Clerk of the City of Blair or before the County
Court of Washington County, Nebraska, on or before the date specified on the citation, a warrant
for his or her arrest shall be issued by the County Court of Washington County, Nebraska.
Sec. 5 -705 PENALTIES. Any person, firm, association, or corporation violating any of
the provisions of this Article, Sections 5 -615 or 5 -229 shall be deemed guilty of a misdemeanor
and upon conviction shall be fined the sum of fifty dollars ($50.00).
MEMO
TO: Citizens interested in the Ordinance on Truck Parking in Residential Areas
FROM: Phil Green, Assistant City Administrator
DATE: September 3, 2009
RE: Ordinance on Truck Parking in Residential Areas
Enclosed is a copy of the current version of the ordinance on Truck Parking in Residential Areas,
which was passed on second reading on August 25, 2009. Section 5 -229 would become part of
the Municipal Code if adopted by the city council on third reading at their September 8, 2009
meeting.
Tim Eastwood called me on Wednesday, August 26 following the last council meeting, with
the following recommended amendments:
1. The ten feet (10') height restriction on trucks in Section 2 is too low for most trucks,
including his. His suggestion is to increase that to fourteen feet (14').
2. The 25 feet (25') length restriction is too short also. His suggestion is to increase that to
thirty -one feet (31').
These changes, if acceptable to the city council, would need to be adopted by an amendment to
the current ordinance.
You are encouraged to attend the council meeting on September 8, 2009 to let the city council
know your thoughts regarding this ordinance and these recommended amendments.
TO: City Council Members
FROM: Phil Green, Assistant City Administrator
DATE: September 3, 2009
RE: Ordinance on Truck Parking in Residential Areas
MEMO
Tim Eastwood called me on Wednesday, August 26 following the last council meeting when
the ordinance on Truck Parking in Residential Areas was passed on second reading. His
additional concerns are:
1. The ten feet (10') height restriction on trucks in Section 2 is too low for most trucks,
including his. His suggestion is to increase that to fourteen feet (14').
2. The 25 feet (25') length restriction is too short also. His suggestion is to increase that to
thirty -one feet (31').
Keep in mind that no permit will be issued if the applicant cannot get signatures from 75% of the
neighbors.
ORDINANCE NO. 2171
SC cov - eack
COUNCIL MEMBER INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING CHAP 1 ER 5 OF THE MUNICIPAL CODE OF THE CITY
OF BLAIR, NEBRASKA, BY ADDING PROVISIONS RESTRICTING TRUCK TRAVEL
AND TRUCK PARKING IN THE CITY OF BLAIR AND BY ADDING SECTION 5-229 TO
THE VIOLATIONS BUREAU AND BY AMENDING THE ADDENDUM OF THE CODE
VIOLATIONS BUREAU FEE SCHEDULE, AND BY AMENDING SECTIONS 5-703 AND
5-705, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE
AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. Chapter 5 of the Municipal Code of the City of Blair, Nebraska is hereby
amended by adding Section 5-229 which shall restrict truck travel and truck parking in the City
of Blair and by adding this new Ordinance to the Violations Bureau for the City of Blair
Nebraska and by amending the Addendum of the Code Violations Bureau Fee Schedule and by
amending Sections 5-703 and 5-705 to bring those Ordinances into compliance with this new
Ordinance. See Exhibit "A" attached hereto and fully incorporated herein by reference.
SECTION 2. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3. Those ordinances shall be in force and effect from and after passage,
approval and publication as provided by law.
PASSED AND APPROVED this 25 day of August, 2009.
CITY OF BLAIR, NEBRASKA
JAMES E. REALPH, MAYOR
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) SS
COUNTY OF WASHINGTON )
BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting
City Clerk of the City of Blair, Nebraska and that the above and foregoing Ordinance was passed
at a regular meeting of the Mayor and City Council of said City held on the 25th day of August,
2009.
BRENDA R. WHEELER, CITY CLERK
Exhibit "A"
SECTION 5 -229 RESTRICTIONS ON TRUCK T VEL AND TRUCK PARKING;
WEIGHT AND SIZE LIMITS. (Penalties refer to Sections 5 -703 and 5 -705 or The Addendum
to the Code Violations Bureau Fee Schedule).
1 Definitions. For the purposes of this Ordinance, the following definitions shall
apply unless the context clearly indicates or requires a different meaning.
(A) Commercial Street. All streets located within or adjacent to any type of
commercial or industrial zoned area within the jurisdiction of the City of
Blair.
(B) Exempt Vehicle. A vehicle exempted from the provisions of this
Ordinance as described Section (2) of this Ordinance,
(C) Residential Street. Any street within the City of Blair that is not a
commercial street.
(D) Total Vehicle Weight. The weight of the vehicle, including any load or
cargo thereon.
(E) Total Vehicle Length. The length of the vehicle from the front most point
of the vehicle to the rear most point of the vehicle.
2. General Weight and Size Limitations for Vehicles and Exemptions. No vehicle of
a total vehicle weight in excess of six tons or that has a total length longer than 25
feet or that is in excess of ten feet in height shall be operated or parked on any of
the streets or private property of a residential zoned area in the City of Blair on or
after January 1, 2010; provided that the following vehicles shall be exempt:
(A) Vehicles while being operated on a commercial street of the City of Blair.
(B) Public service vehicles, including fire, rescue and other emergency
vehicles, public transportation vehicles and City of Blair repair vehicles.
(C) Any vehicle carrying a load destined for a point of delivery within the city
limits of the City of Blair, vehicles parked while unloading at such point
of delivery within the city limits and vehicles making a return trip after
having immediately made or attempted such a delivery at a point within
the city limits of the City of Blair.
(D) Motor homes and other personal use vehicles solely for noncommercial
purposes while being driven to or from the home premises of the owner or
lessee of the vehicle for purposes of storage on such premises.
3. Penalty. Any person who operates a vehicle on a residential street in the City of
Blair in violation of the provisions of this section shall be guilty of a Class III
Misdemeanor and shall be subject to a penalty as provided by Sections 5 -703, 5-
705 and the Violations Bureau. Said penalty under this Ordinance shall be set and
determined from time to time as necessary by the Mayor and City Council, and
said fees shall be appended to the Municipal Code as part of an appendix titled
"Addendum of Code Violations Bureau Fee Schedule," and shall be on file at the
office of the City Clerk and available for public inspection during regular office
hours of the said Municipal Clerk and is hereby amended as follows by adding
Section 5 -229, as indicated.
-3-
Sec. 5 - 703 VIOLATIONS BUREAU CITATION. A Violations Bureau for the City of Blair
is hereby created pursuant to Section 18 -1729 Neb. RRS. 1943, for the purpose of collecting
penalties for city code violations.
Any person accused of a violation as established by Sections 5 -226, 5 -229, 5 -402, 5 -404
through 5 -408, 5- 410.01, 5 -411, 5 -501, 5- 501.01 and 5 -615, may within ten (10) days after the
date of issuance of the citation of the violation and before the appearance date thereon, dispose
of the citation by appearing at the office of the City Clerk of the City of Blair and remitting full
payment of the penalty assessed for the specified violation.
Any person may plead not guilty to the citation, he or she may appear before the County
Court of Washington County, Nebraska, on the date and at the time specified on the citation.
At the time of the commission of the alleged violation, the accused shall be served with
printed notice informing the accused of his or her options in disposing of the citation as noted
hereinbefore.
If the accused fails to appear at the office of the City Clerk of the City of Blair or before
the County Court of Washington County, Nebraska, on or before the date specified on the
citation, a warrant for his or her arrest shall be issued by the County Court of Washington
County, Nebraska.
Sec. 5 - 705 PENALTIES. Any person, firm, association, or corporation violating any of the
provisions of this Article, Sections 5 -615 or 5 -229 shall be deemed guilty of a misdemeanor and
upon conviction shall be fined the sum of fifty dollars ($50.00).