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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 All ordinances or parts of ordinances in conflict herewith are hereby repealed.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).