ORD#12,204

ORDINANCE

 

STATE OF LOUISIANA                                                                             NO.  12,204               

CITY OF MONROE                                                                                   

 

The following Ordinance was introduced by Dawson                       , who moved for its adoption and was seconded by  Marshall                       :

 

AN ORDINANCE PROHIBITING PARKING OF CERTAIN COMMERCIAL VEHICLES AND CONSTRUCTION EQUIPMENT IN RESIDENTIAL AREAS AND FURTHER PROVIDING WITH RESPECT THERETO.

 

            WHEREAS, Chapters 24.5 and 33 of the City of Monroe Code contain general and specific prohibitions against the parking of certain vehicles on City of Monroe streets, lots, and parcels, but there is no specific prohibition against the parking of commercial vehicles and construction equipment within residential areas;

 

            WHEREAS, the parking and storage of commercial vehicles and construction equipment, subject to limited exceptions, on streets, lots, and parcels of land within residential areas is incompatible with the zoning classification, is a hazard and a nuisance to the surrounding community, and causes obstructions and impediments to traffic; and

 

            WHEREAS, the City of Monroe desires to enact provisions prohibiting the parking and storage of certain commercial vehicles and construction equipment within residential areas.

 

            NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Monroe, Louisiana, in legal session convened, that Section 33-64.1 of the City of Monroe Code is hereby enacted as follows:

 

Sec. 33-64.1 Parking of Commercial Vehicles and Construction Equipment Prohibited in Residential Areas

(a)   Prohibition.No commercial vehicle, tractor, or trailer having a manufacturer’s gross weight rating of 8,000 pounds or more or commercial construction equipment shall be parked or stored on any street, lot, or parcel of land in any residential district bearing a zoning classification of R-1, R-2, R-3, R-4, or RMH.

 

(b)  Exception. This section shall not apply to the parking or storing of such commercial vehicle, tractor, trailer, or construction equipment in residential areas:

 

1)    When the commercial vehicle, tractor, trailer, or construction equipment belongs to a public entity or emergency services provider, and its operators are in the performance of services for which they are responsible;

 

2)    When the commercial vehicle, tractor, trailer, or construction equipment belongs or to a person, firm, or entity under contract with a public entity to perform public or emergency services during the time of such performance;

 

3)    While making pickups or deliveries of goods, wares and merchandise from or to any building or structure located in such residential areas during the time of such pickup or delivery; and

 

4)    During the actual and bona fide repair, alteration, remodeling or construction of any building, structure, or improvements located in such residential areas for which a permit has previously been obtained from the City, so long as such activities are conducted diligently and without unnecessary delay.

 

(c)   Enforcement. The prohibitions contained in this section may be enforced:

 

1)    By the issuance of a parking citation or other authorized action under the provisions of this Chapter; or

 

2)    Through code enforcement as a nuisance or nuisance vehicle under the procedures and processes for abatement of nuisances contained in Chapters 24 and 24.5 of this Code.

 

(d)  Penalties.  In addition to any other penalties, fines, costs, and fees incurred in the enforcement of these provisions or otherwise authorized by law, the penalty for violation of this section shall be $200.00 per offense. Each commercial vehicle, tractor, trailer, or construction equipment parked in violation of this section shall constitute a separate offense, and each day a violation continues shall constitute a separate offense.

 

            BE IT FURTHER ORDAINED, that this Ordinance shall become immediately effective upon final adoption of this Ordinance and the Mayor’s approval.

 

This Ordinance was introduced on the  24th      day of October 2023.

 

            Notice published on the  27th      day of  October                , 2023.

 

This Ordinance having been submitted in writing, introduced and published, was then submitted to a vote as a whole, the vote thereon being as follows:

 

AYES:            Harvey, Ezernack, Woods, Marshall & Dawson

 

NAYS:            None.

 

ABSENT:       None.

 

And the Ordinance was declared ADOPTED on  14th          day of November 2023.

 

 

Gretchen Ezernack                

CHAIRPERSON

 

Carolus S. Riley                                 

CITY CLERK

 

Oliver Friday Ellis                             

MAYOR’S APPROVAL

 

                                                           

MAYOR’S VETO