§ 94-243. Defenses.

(a)

It shall be a defense to any prosecution under this section if a person operating a commercial motor vehicle originating within the corporate limits of the city and having as its point of origin a point located off a designated truck route, proceeds to the nearest point on a designated truck route by the most direct route possible, not in violation of subsection 94-245(b). If such vehicle shall originate outside the corporate limits of the city and enters the city at a point which is not on a designated truck route, said person shall proceed to the nearest point on a designated truck route by the most direct route possible.

(b)

It shall be a defense to any prosecution under this section if a person operating a commercial motor vehicle, which originates off a designated truck route, whether inside or outside the corporate limits of the city, and whose destination point is nearer the origin or point of entering the corporate limits of the city than is the nearest point on a designated truck route, shall not be required to proceed to the nearest designated truck route, not in violation of subsection 94-245(b).

(c)

It shall be a defense to prosecution under this section if a person operating a commercial motor vehicle restricted to a designated truck route departs from such truck routes:

(1)

To load, unload, or seek service or repairs at a facility which engages in the business of repairs of commercial motor vehicles; or

(2)

To store the vehicle at a commercial storage facility.

Any person operating a commercial vehicle shall not leave the designated truck route until such vehicle has reached a point on a designated truck route which is nearest the applicable place of loading, unloading, or servicing, by the most direct route possible. Any such vehicle shall be permitted to proceed from a point not on a designated truck route to another such point without returning to a designated truck route if to so return would increase the distance to be traveled on public streets roads, avenues, or thoroughfares other than designated truck routes. After leaving a designated truck route to load or unload, truck traffic may continue off designated truck routes to as many points of destination as necessary to load or unload; provided, however, in the course of making the necessary stops for loading and unloading, the vehicle shall cross a designated truck route, said vehicle shall proceed on the designated truck route until it has reached a point on the designated truck route which is nearest to the next place of loading and unloading by the most direct route possible.

(Ord. No. 8609, § 5, 6-24-99)