§ 14-54. Parking of commercial vehicles on residential streets and properties.

(a)

Restricted parking. It shall be unlawful to park or leave parked, standing, or unattended any commercial vehicle on any street or right-of-way classified as residential or as a residential collector by the city master street plan or on any property zoned residential or developed or utilized for residential purposes.

(b)

Commercial vehicles defined. For the purposes of this section, a commercial vehicle is defined as any of the following:

(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 (3) or more axles;

(3)

Any commercial vehicle that has a gross vehicle weight rating (GVWR) greater than sixteen thousand (16,000) pounds; or,

(4)

Any vehicle designed to transport sixteen (16) or more passengers including the driver.

(5)

Any box or straight truck that has a gross vehicle weight rating (GVWR) greater than ten thousand (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.

(c)

(1)

The provisions of this section shall not apply to any commercial vehicle while making normal deliveries, moving household goods or being used to perform the special operations for which it is designed.

(2)

The provisions of this section shall not apply to any commercial vehicle at a legal non-conforming use as defined by section 27-39 of the Fort Smith Municipal Code.

(3)

The provision of this section shall not apply to any vehicle designed to transport sixteen (16) or more passengers, including the driver, when associated with a church or school and when located on the church or school property.

(Ord. No. 28-08, § 1, 6-17-08; Ord. No. 32-08, § 1, 7-15-08; Ord. No. 47-09, §§ 4—6, 6-23-09)