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HomeMy WebLinkAboutO-1021ORDINANCE NUMBER 1021 AN ORDINANCE TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE BY PROHIBITING THE OPERATION OF TRACTOR TRAILERS UPON PORTIONS OF THE DOWNTOWN AREA OF FAIRHOPE, ALABAMA: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Section 1. From and after the effective date of this ordinance, no tractor -trailer truck shall enter into or be operated upon the streets of downtown Fairhope within the area bounded by Church Street on the west, Bancroft Street on the east, Morphy Avenue on the South, and Magnolia Avenue on the north. Provided, however, that any truck attempting a local business delivery within the restricted area which cannot otherwise be reasonably made shall be exempt for that specific delivery. Section 2. No tractor -trailer truck entering the restricted area under the exemption provision thereof shall make, or attempt to make, any left or right turns at the Fairhope Avenue/Section Street intersection. Section 3. Signs shall be posted prominently at the intersections leading into the restricted area as it is described herein. Section 4. Penalty. Upon a conviction for a first violation of this ordinance, the driver of the vehicle shall be subject to a fine of $100.00. Upon conviction for a second or subsequent violation, the driver of the vehicle shall be subject to a fine of $500.00 and a sentence of five days in the municipal jail. In addition thereto, the City may cause to be filed a civil action for collection of costs incurred to repair any damage arising from the unlawful operation of such vehicle. Section 5. Separability and Validity Each part and each provision of this ordinance is severable from all other parts and provisions. Should any part or provision thereof be declared by the courts to be unconstitutional or invalid, such declaration shall not affect any other part or provision of this ordinance. Section 6. This ordinance shall be included in the Fairhope Code of Ordinances as Section 20-11.2. Section 7. This ordinance shall take effect upon its due adoption and publication as provided by law. ADOPTED THIS THE 11TH DAY OF AUGUST 19 97. c