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36–145 Park­ing on non-dust-free lots.

  1. No per­son shall park, or per­mit to be parked, any motor vehi­cle upon any lot or area with­in the City which is not dust-free. Vio­la­tion of this sec­tion shall con­sti­tute a civ­il traf­fic vio­la­tion, and the vio­la­tor shall be sub­ject to a civ­il sanc­tion of not less than one hun­dred fifty dol­lars or more than two hun­dred fifty dol­lars.
  2. Dust-free” shall mean that a lot or area is main­tained by paving with one of the fol­low­ing meth­ods: asphaltic con­crete, cement con­crete, pen­e­tra­tion treat­ment of bitu­mi­nous mate­r­i­al and seal coat of bitu­mi­nous binder and a min­er­al aggre­gate, or the equiv­a­lent as approved by the Zon­ing Admin­is­tra­tor.
  3. An area which encom­pass­es all or part of a res­i­den­tial lot which con­tains one sin­gle-fam­i­ly or duplex res­i­den­tial unit is also dust-free if cov­ered by a smooth lay­er of crushed rock or grav­el main­tained to a min­i­mum depth of three inch­es and con­tained with­in a per­ma­nent bor­der or an alter­na­tive sur­face treat­ment as approved by the Plan­ning and Devel­op­ment Depart­ment that will equal or exceed the dust-free char­ac­ter­is­tic of con­tained crushed rock or grav­el.
  4. This sec­tion shall not be applic­a­ble to vehi­cles parked in the rear yard of a res­i­den­tial lot which con­tains one sin­gle-fam­i­ly or duplex res­i­den­tial unit.
  5. It shall be an affir­ma­tive defense to a vio­la­tion of this sec­tion that the con­di­tion of the lot was in com­pli­ance with a stip­u­la­tion made by the Zon­ing Admin­is­tra­tor per­mit­ting tem­po­rary park­ing for civic events and that the vehi­cle was parked by or on behalf of an attendee of such an event.

(Ord. No. G-1851, § 2; Ord. No. G-1938, § 2; Ord. No. G-2753, § 3; Ord. No. G-3543, § 1; Ord. No. G-4037, § 2, passed 7-2-1997, eff. 8-1-1997; Ord. No. G-4580, § 8, passed 2-18-2004, eff. 3-19-2004; Ord. No. G-5590, § 1, adopt­ed 2-23-2011, eff. 3-25-2011)

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