ORDINANCE NO. 5-87

AN ORDINANCE OF THE CITY OF BELLEFONTE, KENTUCKY CONCERNING PARKING

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF BELLEFONTE, KENTUCKY:

  1. No heavy equipment or vehicles shall be stored or parked in the City. Infrequent, short-term parking of vehicles for building, road maintenance, construction, conveying tools and materials to premises where labor using such tools and materials is being performed, delivering goods to a residence, or moving furniture to or from a residence, all only during the time such parking is actually necessary, is hereby excepted from this section.

    For purposes of this section, "heavy equipment or vehicles" means (i) any vehicle generally used or designed to be used for business or commercial purposes and includes, but is not limited to, a bus, cement truck, commercial tree-trimming equipment, construction equipment, dump truck, garbage truck, panel truck, semitractor, semitrailer, stake bed truck, step van, tank truck, tar truck, asphalt paving equipment, backhoe, mining equipment, bulldozer, commercial tractor, crane, farm equipment and tow truck. or ( ii ) any vehicle exceeding one ton in load capacity.

  2. Trailers and recreational vehicles ( including but not limited to, boat, cargo, horse, camping, travel or other similar trailers, motorhomes, boats, race cars, and off-road vehicles) may be parked or stored for a period not to exceed two (2) weeks, unless stored in a garage or carport, or in a rear yard concealed from view from the front street. It shall be illegal for such vehicles to be lived in or occupied by any persons while located in the City.

  3. Not more than one (1) wrecked or otherwise inoperable motor vehicle shall be allowed per dwelling. Such vehicles may be parked or stored only for a period not to exceed two (2) weeks, unless such vehicle is stored in a garage .

  4. Except as provided by Section 2 above, vehicle parking shall be limited to driveways, parking pads, garages and carports.

  5. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, shall be fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) for each violation committed, each day's continuance of a violation constituting a separate offense, or imprisoned for not more than thirty ( 30 ) days, or both so fined and imprisoned, within the discretion of the judge or jury. In addition to the foregoing, the City, any property owner or any resident citizen aggrieved may proceed in the Circuit Court in and for Greenup County, Commonwealth of Kentucky, by way of injunction, to enforce the discontinuance of such violation or any situation or condition which may have been brought about or exist by reason of such violation of this ordinance and may, in addition to such injunctive relief, be awarded both compensatory and punitive damages for such violation.

  6. All ordinances, parts of ordinances and amendments thereto in conflict herewith heretofore adopted by the Board of Commissioners of the City are hereby expressly repealed.

  7. This ordinance shall be in full force and effect from and after its passage, approval and publication, as required by law.

  8. Each section and each sentence of this ordinance is enacted separately and the invalidity or unconstitutionality of any one particular sentence and/or section shall not affect the validity and/or constitutionality of any other sentence and/or section.