§ 74-394. Exemptions.  


Latest version.
  • In addition to exemptions specifically granted elsewhere in this chapter, the provisions of this article do not apply under the following conditions and circumstances:

    (1)

    When any such truck, trailer, motor vehicle or any other form of vehicle is carrying explosives, flammable liquids, flammable solids, oxidizing materials, corrosive liquids, compressed gas, class A poisons, class B poisons, class C poisons or class D poisons to commercial consumers, domestic consumers, gasoline service stations or bulk stations located within the corporate limits of the city.

    (2)

    When any such truck, trailer, motor vehicle or any other form of vehicle is carrying any of the above products to be used exclusively for its own propulsion.

    (3)

    When any such truck, trailer, motor vehicle or any other form of vehicle, loaded or partially loaded, has stopped on any street or highway designated in section 74-189 at a gasoline service station or garage for necessary repairs, with the further provision that such vehicle not remain at such gasoline service station or garage longer than 30 minutes, unless the police department is notified that it is necessary to remain for a longer period than 30 minutes.

    (4)

    When any such truck, trailer, motor vehicle or any other form of vehicle needs immediate repairs and is not loaded or partially loaded with any of the above-named products and is on a direct route to a garage or to its owner's private property or place of business exclusively controlled by such owner.

    (5)

    When any such truck, trailer, motor vehicle or any other form of vehicle has broken down, has a flat tire or tires, or becomes out of repair or out of gasoline for its own propulsion to the extent that it cannot be propelled with its own power, then the necessary repairs can be made where such vehicle has been forced to stop, provided that such vehicle can be repaired within a period of two hours. In such case, the driver of the vehicle must immediately notify the police department of such forced stoppage, and during such period of repair, a police officer or someone designated by the police officer will remain at the place of stoppage to warn other persons using the street or highway of such danger.

    (6)

    When any such truck, trailer, motor vehicle or any other form of vehicle is loaded or partially loaded and has broken down and is out of repair to the extent that it cannot be repaired within two hours and the police department has been notified and the same is being removed from such place of stoppage or breakdown to a garage or some other place within the corporate limits of the city, under the direction of the police department.

    (7)

    When any person is engaged in the business of hauling explosives, flammable liquids, flammable solids, oxidizing materials, corrosive liquids, compressed gas, class A poisons, class B poisons, class C poisons or class D poisons and has his place of business within the corporate limits of the city, he has a right to convey such truck, trailer, motor vehicle or any other form of vehicle to such place of business without police protection, provided such vehicle (excluding its own tank or receptacle used for its own propulsion) is empty and free of all of the above-described products.

(Ord. No. 940, § 1D., 8-24-2010)